1. 1 Monday, 13th July 1998

    2 (Open session)

    3 (The accused entered court)

    4 (The witness entered court)

    5 --- Upon commencing at 9.32 a.m.

    6 THE REGISTRAR: Good morning, Your Honours.

    7 Case number IT-97-24-T, the Prosecutor versus Milan

    8 Kovacevic.

    9 JUDGE MAY: Yes.

    10 MR. KEEGAN: Good morning, Your Honours.

    11 MR. VUCICEVIC: Your Honours, before we

    12 proceed, if I may introduce an additional member of our

    13 team who is sitting at the desk with us today, Your

    14 Honour. This is Mr. John Ostojic, attorney from

    15 Chicago, member of the law firm McBrean and Kopko, and

    16 a founding member of the Serbian-American Bar

    17 Association.

    18 Your Honour, he has been designated by the

    19 registry as an assistant; however, he has assisted

    20 immensely from the very beginning that I entered this

    21 case and he has been on the case, and I would like him

    22 to be recognised as an attorney who will receive an

    23 audience before this Trial Chamber.

    24 JUDGE MAY: The registry has designated him

    25 as a legal assistant. I think we have been through

  2. 1 this with your other legal assistant, Mr. Vucicevic,

    2 and have said as far as we interpret the Rules, only

    3 counsel are allowed audience. I understand that matter

    4 has been taken up with the President. Perhaps you had

    5 better take this matter up too.

    6 MR. VUCICEVIC: Your Honour, first, he is

    7 prepared and would assist immensely to the Trial

    8 Chamber in the argument that we are about to deliver

    9 and also in the cross-examination at a later time.

    10 That's number 1.

    11 Number 2, I have delivered a letter to the

    12 registry that has sufficiently addressed this matter in

    13 order to have him recognised, and basically, of the

    14 very sensitive personal issues, I do not think if I

    15 should address this openly to you; however, the letter

    16 that was delivered to the registry on Friday indicated

    17 that if the Trial Chamber shall not recognise him, that

    18 he will be treated and designated as co-counsel, and I

    19 believe that this Trial Chamber has been informed about

    20 this.

    21 It seems to me that the desires and wishes of

    22 the client and lead counsel ought to be given some

    23 weight, proper weight, under the Rules of this Tribunal

    24 in order to effectuate the most efficient defence

    25 here. At this point, Your Honour, if you maintain that

  3. 1 Mr. Ostojic cannot talk, I would like to change the

    2 designation and I would like to put Mr. Ostojic as the

    3 co-counsel and Mr. D'Amato as the assistant.

    4 JUDGE MAY: Mr. Vucicevic, there are Rules,

    5 and you are bound by the Rules as we are, and at the

    6 moment, the Rules say that co-counsel only can address

    7 the Chamber, as I understand it, and not legal

    8 assistants. The position as to who is designated

    9 counsel and who is designated legal assistant is not a

    10 matter for the Chamber, it is a matter for the

    11 registry.

    12 For the moment, we have made our ruling. We

    13 are not going to hear Mr. Ostojic for the moment. If

    14 you want to take the matter up with the registry, of

    15 course, you are free to do so, and as I say, you have

    16 already taken the matter up with the President in

    17 relation to another legal assistant, and no doubt you

    18 could take this matter up too. But for the moment, we

    19 are applying the Rules.

    20 Now, can we get on, please?

    21 MR. VUCICEVIC: Your Honour, I understand

    22 this, but I think we have been discussing the singular

    23 matter: What is the jurisdiction and the province of

    24 the Trial Chamber? All the matters that relate to the

    25 Defence, and the effectiveness of Defence are the

  4. 1 province of the Trial Chamber and not the province of

    2 the registry. Let me finish, Judge, please.

    3 I have submitted a letter which I, in detail,

    4 explained all of this after your ruling on Thursday,

    5 and I have handed this letter directly to Mr. Roeland

    6 Bos to convey to the registry, and it has been conveyed

    7 to me that that has been done. If the registry, at the

    8 beginning of the trial, cannot change the designation

    9 of counsel in a day or two or three, it's a shame. I

    10 understand your ruling, but we are entitled to a good

    11 defence. We cannot be so sticking to the Rules and, on

    12 the other side, complacent about certain acts of the

    13 registry. Thank you, Your Honour.

    14 JUDGE MAY: Yes, Mr. Keegan?

    15 MR. KEEGAN: Thank you, Your Honour. First,

    16 before I begin with the witness, I would like to

    17 address the issue of the documents as that was a matter

    18 raised by the Chamber at the end of the proceedings on

    19 Wednesday.

    20 I met with Defence on Friday and again on

    21 Saturday, and on the basis of our meetings, the

    22 situation stands at the present time as follows: The

    23 Defence has indicated they will agree to the

    24 admissibility of any of the Kozarski Vjesnik articles,

    25 they will agree to the admissibility of any document

  5. 1 signed by the accused, Milan Kovacevic, and they will

    2 agree to the admissibility of any document which

    3 mentions the accused which also has a signature on the

    4 original.

    5 MR. VUCICEVIC: One correction. We have not

    6 agreed to admission of the documents where somebody

    7 else's signature is on the document, only where the

    8 accused's signature is on the document.

    9 MR. KEEGAN: Then my notes must have been

    10 incorrect at the time of the meeting. Sorry.

    11 Thank you, Your Honour. If then I may

    12 begin?


    14 Examined by Mr. Keegan:

    15 Q. Mr. Semenovic, on Wednesday, you testified

    16 about the removal of non-Serbs from --

    17 MR. VUCICEVIC: Your Honour, if I could

    18 present a base on our conference? In my consultation

    19 with both co-counsel in this case, we would like to

    20 present an argument of law on confrontation -- on the

    21 right of confrontation which is going to be denied if

    22 certain documents are going to be admitted through the

    23 fact witnesses.

    24 JUDGE MAY: Mr. Vucicevic, let's get to the

    25 documents and then we'll have the argument. That would

  6. 1 be the right time to do it rather than in a vacuum.

    2 MR. VUCICEVIC: Thank you, Your Honour.

    3 JUDGE MAY: We will move on. Yes.

    4 MR. KEEGAN:

    5 Q. Mr. Semenovic, on Wednesday, you testified

    6 about the removal of non-Serbs from their positions in

    7 the municipalities after the take-over. In the weeks

    8 following the take-over, did you become aware of any

    9 changes in the way that the economic and financial

    10 organisations or municipal organs in Prijedor and

    11 elsewhere were operated?

    12 A. Yes.

    13 Q. What was the nature of the changes that you

    14 became aware of?

    15 A. The nature of the changes was as follows:

    16 Various transformations were carried out, changes in

    17 the ownership or changes in the relationship of the

    18 management boards and companies and the State of the

    19 Republic of Bosnia and Herzegovina. They were no

    20 longer a part of the economic system of the State of

    21 Bosnia and Herzegovina; they became a part of the

    22 economic structure of the newly formed Autonomous

    23 Region of Krajina in Banja Luka.

    24 Q. How did you become aware of these various

    25 changes?

  7. 1 A. I learned of some of the changes personally,

    2 I became personally acquainted with them, but most of

    3 them I learned about from people who were fired and who

    4 came to our party headquarters to ask for help and to

    5 see whether something could be done for them to go back

    6 to their jobs. They also informed us of what the

    7 situation was immediately before they were fired from

    8 their jobs. We had all that information in our party

    9 headquarters, in our offices there.

    10 MR. KEEGAN: I have a series of documents,

    11 Your Honour, I would now like to introduce. I will try

    12 to do them in an order based on the agreements that we

    13 just mentioned. Dealing with the ones signed by the

    14 accused first, and if I do them in a group, it may make

    15 it a bit more efficient.

    16 The first three documents are document 6.2,

    17 6.4, and 6.15 on the admission list, all documents

    18 signed by the accused, Milan Kovacevic.

    19 The next two are documents 6.16 and 6.27,

    20 also signed by the accused, Milan Kovacevic.

    21 The final two signed by the accused are 6.28

    22 and 6.51, Your Honour.

    23 Q. Mr. Semenovic, if you would, please, starting

    24 with document 6.2.

    25 MR. VUCICEVIC: Your Honours, the document

  8. 1 that we have as 6.2, there is a stamp "Draft

    2 Translation" on the translation. We move this to be

    3 stricken because we can't be sure what this draft

    4 translation is. Is it final? Is it correct? Once the

    5 Prosecutor -- the Prosecutor has had at least six

    6 months to present a final translation. On April 20th,

    7 we objected, when these documents were produced to us.

    8 I move that these be stricken until we get a final

    9 translation.

    10 In addition, Your Honours -- since all of

    11 these documents here -- I just noticed -- it seems that

    12 all of these documents are draft translations that you

    13 have before you.

    14 MR. KEEGAN: Thank you, Your Honour. Yes,

    15 Your Honours, I mentioned last week, when we first

    16 started with the documents, all of the documents, of

    17 course, we indicated at that time that they're in the

    18 process of final revision and that we would be

    19 admitting them contingent upon the final translation

    20 being admitted, but in addition, these documents were

    21 specifically reviewed by Defence counsel in the

    22 presence of myself. They viewed the originals, and

    23 these are the documents which they themselves at the

    24 time agreed to the admission of with the translation as

    25 they currently are. They viewed each one individually,

  9. 1 Your Honour. So unless they are now going back on that

    2 agreement, I'm not aware of it.

    3 JUDGE MAY: Well, as far as the Prosecution

    4 are concerned, you are having these translations

    5 checked; is that right?

    6 MR. KEEGAN: That's correct, Your Honour.

    7 Yes, Your Honour.

    8 JUDGE MAY: Mr. Keegan, we will admit these

    9 documents, but subject to their being checked, if you

    10 undertake that that will happen.

    11 MR. KEEGAN: Yes. It is happening as we

    12 speak, Your Honour.

    13 JUDGE MAY: Very well. And you will give us

    14 the results of those revisions.

    15 MR. KEEGAN: Yes, Your Honour.

    16 Q. Mr. Semenovic, if you would look now to 6.2,

    17 please? Can you please explain to the court what the

    18 nature of the company Energopetrol was, please?

    19 A. It was a company that supplied the area of

    20 Prijedor with oil and derivatives, that is, fuel of

    21 various kinds. So they supplied and distributed and

    22 sold the fuel, mostly the kinds of fuel that I just

    23 mentioned.

    24 Q. Does that include fuel for heating buildings

    25 and homes, fuel for automobiles and other vehicles?

  10. 1 A. Yes. Of course. All kinds of fuel. Liquid

    2 fuel.

    3 Q. In paragraph 3 of that document, who does it

    4 indicate is responsible for the implementation of this

    5 order?

    6 A. According to paragraph 3, the person

    7 responsible for the implementation is the President of

    8 the Executive Council, and Dr. Milan Kovacevic held

    9 that post.

    10 Q. If you could look to 6.4, please? The basic

    11 and special sales taxes. Could you please briefly

    12 describe for the Trial Chamber what that means, what

    13 those taxes are?

    14 A. Basic and special sales tax, it's the tax

    15 that was to be paid into the budget of the Republic of

    16 Bosnia and Herzegovina. The special sales tax is the

    17 tax paid on high tariff goods, cigarettes, coffee,

    18 certain kinds of fuel.

    19 Q. What was the basic sales tax?

    20 A. The basic sales tax is the tax that was paid

    21 to the States, to the Republic, on any sales of goods.

    22 When you manufacture something, you sell it then, and

    23 then, in the final price that is paid, a certain

    24 percentage of that price is the tax that is collected

    25 as the State revenue.

  11. 1 Q. In the collection of the taxes, what

    2 organisation within the municipality was responsible

    3 for the collection of taxes?

    4 A. It was the SDK, the Social Accounting

    5 Service, and it was also in charge of controlling the

    6 regularity of the collection of taxes, whether taxes

    7 are being paid regularly, and it could also institute

    8 criminal proceedings against companies or persons who

    9 failed to pay the tax to the State.

    10 Q. In normal times, prior to the take-over, prior

    11 to 1992, how was the sales tax distributed once it was

    12 collected by the SDK?

    13 A. The taxes went into the State budget, that

    14 is, the budget of the Republic, and laws then

    15 determined how that would be allocated. A certain

    16 amount of that tax collected went back to the

    17 municipality, depending on the level of its

    18 development. For the poorer municipalities, the State

    19 allocated larger funds from its budget, and for the

    20 mid-sized and highly-developed municipalities, they

    21 allocated less funds. And that's the way in which they

    22 tried to balance the development of municipalities in

    23 the Republic.

    24 Q. If you could look to 6.15 now, please? And

    25 the PTT that's listed, the company that's listed there,

  12. 1 could you briefly explain to the Trial Chamber what the

    2 PTT was, please?

    3 A. The PTT public company; that's the

    4 abbreviation for Post, Telephones and Telegraph. It

    5 was a public company owned by the State or by the

    6 society, and it had a monopoly in the republic on the

    7 telephone communications and also on the postal service

    8 and all the other functions that postal service carried

    9 out. That was the only company in charge of that, and

    10 it was strictly controlled by the State.

    11 Q. If you could look to document 6.28, please?

    12 Have you reviewed this document previously?

    13 A. I saw it here at the Tribunal.

    14 Q. Have you had an opportunity --

    15 MR. VUCICEVIC: Your Honour, now would be the

    16 time to hear my argument because this is the type of

    17 document that I am referring to.

    18 JUDGE MAY: Yes.

    19 MR. VUCICEVIC: When we had Dr. Greve

    20 recognised as an expert witness, it was Your Honour

    21 that said this is hearsay upon hearsay, and Dr. Greve

    22 was testifying about, you know, what witness has told

    23 to the investigator that was later on communicated to

    24 her.

    25 Here we have a witness who is a politician,

  13. 1 officer, one party who is attempting to speak about

    2 documents either of the body of the Prijedor

    3 Municipality where he wasn't present, where he wasn't

    4 elected, and that he was only a local party official

    5 for the SDA. But there are going to be documents that

    6 are even much further remote from this witness than

    7 this one, and they are documents of the SDS, documents

    8 of the Crisis Staff, the documents, as he just

    9 indicated, he never saw before but today.

    10 He is, as Mr. Keegan indicated in our

    11 conference on Saturday, a fact witness and not an

    12 expert witness, and Dr. Greve was given latitude to

    13 testify on those, even to the strong admonition of Your

    14 Honours.

    15 The problem here that we are facing, it is

    16 not hearsay but it is a fundamental right to

    17 cross-examine the evidence that is presented against

    18 the accused. The documents that are not in his

    19 knowledge, the content of the documents that were --

    20 that didn't become part of his knowledge

    21 contemporaneously with its making or that he has not

    22 talked about the content of the document

    23 contemporaneously with some people that are indicated

    24 in the document are hearsay on the nth power, infinity

    25 -- that was so far removed that anybody could be

  14. 1 proven guilty on anything on that type of evidence.

    2 Because -- if we accept it, we are going to write

    3 Article 21 out of the Statute, and those are the rights

    4 of the accused. Right to cross-examination is indeed a

    5 sacred right in civilised systems.

    6 We ask you to make a ruling that we should be

    7 given a right to cross-examine the evidence against the

    8 accused.

    9 Sometimes -- we are mindful of your decision

    10 that hearsay is admissible, but there is a collateral

    11 way of it before learned Judges, as you are, to

    12 collaterally examine upon hearsay. But on the

    13 documents that the witness has said he has never seen

    14 them before today, there is no way to cross-examine the

    15 document, nor the statements in the document.

    16 The Prosecutor has had a chance, he prepared,

    17 he said he was ready to go ahead in the case. He

    18 should have had somebody at least who knew something

    19 about the document at the time the document was made.

    20 If you don't hold the Prosecutor to that, this is not

    21 going to be fair to the accused. Thank you.

    22 JUDGE MAY: Mr. Vucicevic, there is a

    23 distinction, isn't there, between the document itself

    24 being produced if that document speaks for itself in

    25 some way and someone giving evidence about it? Of

  15. 1 course, if somebody gives evidence about a document

    2 when they know nothing about it, that would be

    3 hearsay. But if the document is produced as a document

    4 without any comment, then, it seems to me, that it may

    5 be admissible. What the purport of the document is,

    6 what the significance of the document is, will, no

    7 doubt, emerge during the trial.

    8 So it would seem to me, subject to, of

    9 course, discussing the matter with my colleagues and

    10 hearing what the Prosecution have to say, that a

    11 document could be admitted as a document. The witness

    12 could tell us what the Sarajevo Commercial Bank is,

    13 because that, no doubt, would be a matter of general

    14 knowledge, but as to the effect of the document or

    15 anything of that sort, well then, he couldn't really

    16 speak because, as you say, he wouldn't have seen the

    17 document before he got here the other day.

    18 I will see what Mr. Keegan has got to say

    19 about the matter.

    20 MR. KEEGAN: Thank you, Your Honour.

    21 Firstly, we agree entirely with the Court's statements

    22 with respect to documents in and of themselves being

    23 admissible by virtue of the nature of the document and

    24 the relevance established and the import can be

    25 established in many cases from the face of the document

  16. 1 themselves. And, indeed, there will be many, many

    2 documents in this case that, in fact, we will seek to

    3 admit on that basis alone.

    4 But it may also be the case that you have

    5 witnesses who, although are being brought here

    6 primarily as fact witnesses, may have particular

    7 experience or background or knowledge that gives them a

    8 basis for providing further explanation for documents.

    9 In this case, as we indicated in the testimony last

    10 week for this witness, he has particular knowledge and

    11 experience with the effect with the functioning of

    12 governmental structures in Bosnia-Herzegovina,

    13 particularly at this time as he was a member of the

    14 parliament as pointed out by the Defence, had been

    15 elected from Prijedor to the Republican Assembly and

    16 had been dealing with the issues of developing a

    17 governmental structure for a new state during which he

    18 was engaged in the process of deliberation,

    19 negotiations and reviews of existing laws in the former

    20 Socialist Federal Republic of Yugoslavia in an attempt

    21 to create the laws of a new state. In addition to his

    22 direct experience, in the Prijedor Opstina with its

    23 local government as a key member of the party that was

    24 engaged in the deliberations and discussions on the

    25 effect of functioning of government there.

  17. 1 In contrast to what the Defence counsel has

    2 said this morning, the evidence on the record indicates

    3 that this witness was present in Prijedor. That except

    4 for the times that he was in Sarajevo for the Republic

    5 Assembly, sessions or meetings, he was present in

    6 Prijedor. He, as a key member of that party in

    7 Prijedor, was intimately involved by his testimony in

    8 developing solutions to the difficulties that were

    9 occurring. He was the subject of repeated, or the

    10 person who received repeated reports from individuals

    11 throughout the municipality on the different and

    12 growing problems as they came to the party seeking

    13 possible solutions or at least advice on how to

    14 proceed.

    15 Certainly, to the extent that you find that

    16 the witness does not have sufficient foundation to

    17 render an opinion or to give the particular explanation

    18 being offered, and of course, that evidence should be

    19 given no weight. But should you find that they do have

    20 sufficient background or experience, then they are

    21 certainly capable of giving an opinion or an

    22 explanation with respect to a particular document that

    23 may assist this Trial Chamber, even if they are not

    24 being particularly classified as an expert witness.

    25 JUDGE MAY: Mr. Keegan, what is it, for

  18. 1 instance, that you want to ask the witness about this

    2 Document 6.16?

    3 MR. KEEGAN: Well, for example, Your Honour,

    4 the funds that are listed here, this document, it's 6.28

    5 that we're dealing with.

    6 JUDGE MAY: I'm sorry, 6.28?

    7 MR. KEEGAN: I thought we'd move to 6.28, are

    8 we not? I thought so, Your Honour.

    9 JUDGE MAY: We seem to have moved there,

    10 yes. Let's go on to 6.28 if that's the one.

    11 Mr. Vucicevic, is it that document that you

    12 began your objection to?

    13 MR. VUCICEVIC: Yes, Your Honour.

    14 JUDGE MAY: You don't need to tell us what it

    15 is for the moment. I just want to find out by way of

    16 example what the document was.

    17 MR. VUCICEVIC: The document is signed by the

    18 accused. We do not have an objection for this document

    19 being admitted. However, Mr. Semenovic was not present

    20 on this meeting. And for him to testify what the

    21 basically official conclusion of this meeting, with the

    22 document, which the document speaks for itself would be

    23 only for him invitation to editorlise or in a fine

    24 piece of oratory that Mr. Keegan presented, would be

    25 invitation for you to violate your own rule on the

  19. 1 disclosure of expert witness. If Mr. Keegan thought

    2 that Mr. Semenovic is an expert witness, he should have

    3 so declared him and basically let us all know before

    4 the deadline which has long past.

    5 Secondly, what I said previous and you were

    6 concerned about it, that Mr. Semenovic could testify

    7 indeed on all the documents in which he participated in

    8 passing on the state level. He can testify on all the

    9 documents that where he or his friends or party,

    10 co-workers, participated in the SDA. But he was not a

    11 member of this body and this is official document,

    12 sealed and signed, speaks for itself.

    13 JUDGE MAY: What is it, Mr. Keegan, that you

    14 wanted to ask about 6.28?

    15 MR. KEEGAN: Yes, Your Honour. Particularly

    16 with the funds that are listed there, what the

    17 relevance of some of those funds were, so that later

    18 on, their clear importance to the issues that do

    19 develop in Prijedor and the conflict that which is then

    20 initiated makes this document particularly relevant

    21 with respect to the involvement of this accused.

    22 JUDGE MAY: We shall admit this evidence, but

    23 on this basis. We shall admit documents that speak for

    24 themselves, such as these documents. The weight and

    25 significance of the documents are purely for us to

  20. 1 determine. We shall allow the witness to give evidence

    2 about the documents to this extent and this extent

    3 only: That he is able to explain matters which appear

    4 on the face of the document, such as these funds,

    5 provided he knows about these matters from his own

    6 knowledge. If he knows the matters that are referred

    7 to, then, of course, he can give evidence about that.

    8 But as for the interpretation of the document

    9 and deciding on weight and significance, that is for

    10 the Trial Chamber to decide and not the witness.

    11 Yes.

    12 MR. KEEGAN: Thank you, Your Honour.

    13 Q. Mr. Semenovic, you had an opportunity to

    14 review this document?

    15 A. Yes.

    16 Q. Now, I would direct your attention then to

    17 the section which describes the various funds for which

    18 the listed individuals in paragraph 1 will have the

    19 authority to sign documents for.

    20 A. Yes.

    21 Q. With respect to Paragraph No. 1, funds for

    22 building shelters in Prijedor Municipality, during the

    23 period in the fall of 1991 and the beginning of 1992 as

    24 the Municipal Assembly was being brought together,

    25 convened in Prijedor Municipality, did you take part in

  21. 1 discussions with the other party leaders with respect

    2 to the budget and the nature of the items which should

    3 be in the budget for the Prijedor Municipality?

    4 A. Yes.

    5 Q. Were -- was the consideration of building

    6 shelters within the municipality one of the priority

    7 items mentioned in the discussions in the Municipal

    8 Assembly and within the party leadership?

    9 A. No, no, it was not.

    10 Q. With respect to No. 2, can you briefly

    11 describe for the Trial Chamber -- well, let me ask you

    12 first this. As a resident of the Prijedor

    13 Municipality, throughout your life and as a member, as

    14 we have previously discussed in the senior leadership

    15 of that party and on the basis of your discussions,

    16 were you aware of what fell within the category of

    17 municipal emergency supplies?

    18 A. Do you mean with reference to Item No. 2?

    19 Q. Yes, what types of items constituted or fell

    20 within the category of municipal emergency supplies?

    21 A. While the assembly was functioning often,

    22 the urgent problems were of the economic nature. We

    23 had to set aside the funds for the economy to assist

    24 with the transformation of the companies and those were

    25 the priorities, the economy, the agriculture and so

  22. 1 on.

    2 Q. Yes. My question was, based on your

    3 experience as a resident in Prijedor, throughout your

    4 life and your particular experience in the governmental

    5 structure during '91 and '92, do you have knowledge of

    6 the types of items that fell, normally fell within the

    7 category of municipal emergency supplies? What were

    8 they?

    9 A. Every municipality had to, in order to

    10 function in a balanced -- in order to have the balanced

    11 market, every municipality had to have the reserves.

    12 And this is how it was always in our Republic. This

    13 was regulated by the legislation. The reserves were

    14 held at the level of the republic and at the level of

    15 the municipality and the purpose of that was, should

    16 there be some kind of disbalance, so that the state

    17 could intervene. And the other purpose of that was, so

    18 that these funds can be used should there be some

    19 emergency situations of war situation, so that these

    20 reserves can be used to feed the population.

    21 Q. What other kinds of items would be included

    22 within emergency supplies? What types of items?

    23 A. The food article and fuels and the medicine,

    24 those were the priorities with respect to the

    25 reserves.

  23. 1 Q. No. 3, funds for All People's Defence and

    2 social self-protection in the Prijedor Municipality,

    3 what do those categories include? What do those terms

    4 mean, "All People's Defence and social

    5 self-protection"?

    6 A. It included the Territorial Defence, the

    7 reserves of the Territorial Defence, the reserve

    8 formations, civil protection and this issue -- the

    9 issue of financing was regulated by the legislation

    10 that work was passed automatically. And there was no

    11 need for any further intervention unless, unless there

    12 was a war situation, a war activity. In that case, the

    13 Territorial Defence required larger funds and larger

    14 funds had to be provided. So just in the case where it

    15 was an emergency situation or preparation for the war

    16 situation, if there was a war danger.

    17 Q. When you mentioned it included the

    18 Territorial Defence, you then said, "The reserve

    19 formations and civil protection," what did you mean by

    20 "reserve formations," please?

    21 A. The reserve formation of the police -- the

    22 reserve police forces or what we used to call war

    23 police.

    24 Q. No. 4, funds for the prevention of livestock

    25 epidemics in Prijedor Municipality?

  24. 1 JUDGE MAY: Mr. Keegan, do we really need to

    2 be told about this? It speaks for itself, doesn't it?

    3 MR. KEEGAN: There are two questions with

    4 respect to that I would prefer to ask, Your Honour, if

    5 you would indulge me?

    6 JUDGE MAY: Of course.

    7 MR. KEEGAN:

    8 Q. Previously I asked you about the negotiations

    9 on the priorities for the budget. In what kind of --

    10 in what position in the budget did the issue of

    11 livestock epidemics normally hold? Was it a matter of

    12 importance in a municipality?

    13 A. No, no, it was never a highly important

    14 item. They were at the bottom of the list usually

    15 where we had the funds for culture for the

    16 infrastructure and so on.

    17 MR. VUCICEVIC: This directly flies in the

    18 face of your determination. He was not a member of the

    19 Municipal Assembly even when it was together. This is,

    20 you know, a document that represents a document from

    21 Serbian Municipal Assembly dated May 7th. And if he

    22 has been so astute and followed every minutiae on the

    23 municipal level, perhaps he could have produced his own

    24 notes that he was aware of that. But this is basically

    25 an attempt to circumvent, Your Honour.

  25. 1 JUDGE MAY: I don't agree. He is speaking

    2 from his experience. But whether of it is of any

    3 assistance, I rather doubt it. Can we move on, Mr.

    4 Keegan?

    5 MR. KEEGAN: Yes, Your Honour.

    6 Q. Mr. Semenovic, you were present in Prijedor,

    7 and we will get to this testimony in a while, during

    8 the attacks on Kozarac and the surrounding area; is

    9 that correct?

    10 A. Yes.

    11 Q. And during the time that you were in that

    12 area until you were brought into the camps, can you

    13 describe for the Trial Chamber what effect the attacks

    14 had on the issue, an issue which would be relevant to

    15 livestock epidemics in Prijedor Municipality? What was

    16 one of the results of the attacks?

    17 MR. VUCICEVIC: Your Honours, same

    18 objection. Plus, you know, the question asked the

    19 witness to speculate because this witness came by

    20 himself to the camps, Tadic transcript.

    21 JUDGE MAY: I shall allow the question. Yes,

    22 can you deal with this fairly quickly, Mr. Semenovic,

    23 please.

    24 THE WITNESS: Yes, Your Honour, I will. The

    25 result of the war action was that a large number of

  26. 1 houses were burned and so were the agriculture land and

    2 the barns where the livestock was. The livestock in

    3 many cases burned too. There was also a lot of

    4 livestock that was shot, that was shot, that was killed

    5 when -- by the grenades. And there was a lot of

    6 livestock that was just wandering around the meadows

    7 and the forests and the Serbian soldiers would collect

    8 that livestock. There was also a lot of carcasses and

    9 a lot of places people would see that. And the

    10 carcasses were not removed on time. They were left

    11 there for a long time where people were killed. And

    12 that created a possibility for epidemics for infection

    13 and it would be difficult to pass through some places

    14 because you could smell the stench, in 10 metres

    15 diameter. I would see the dead livestock in the area

    16 in the time that I was hiding in that area.

    17 And, yes, at that time there was a huge --

    18 there was a realistic possibility for infectious, for

    19 the spread of infectious diseases.

    20 Q. You mentioned carcasses and then in the next

    21 section you mentioned they were left for a long time

    22 where people were killed?

    23 A. Yes.

    24 Q. Were you referring to animal carcasses or

    25 human corpses?

  27. 1 A. Both, animal and human.

    2 Q. If we could move then to Document 6.27, Your

    3 Honour.

    4 Mr. Semenovic, have you had an opportunity to

    5 review this document?

    6 A. Yes.

    7 Q. And can you briefly explain to the Trial

    8 Chamber the nature of the insurance company, Zoil,

    9 Z-o-i-l?

    10 A. Yes, it was the insurance company that was

    11 controlled by the state and it had monopoly. It was

    12 mandatory both for the citizens and for the companies.

    13 They had to be insured through this company, based on

    14 the legislation all the companies had to insure their

    15 property through this insurance company and also

    16 certain parts of personal property had to be insured

    17 through that, cars and other vehicles, the machines and

    18 it was a mandatory insurance. It wasn't voluntary or

    19 optional, it was a mandatory one and it had to be paid

    20 regularly because this is how it was regulated by the

    21 legislation.

    22 Q. Was it common knowledge that this mandatory

    23 insurance, state company, had huge financial reserves?

    24 A. Yes, yes, it did have. It was a common,

    25 well-known fact.

  28. 1 Q. Given the prior comments already, Your

    2 Honour, I will forego the explanation of the Sarajevo

    3 Bank on Document 6.16 and just move to admit all of

    4 these documents.

    5 JUDGE MAY: Very well.

    6 MR. KEEGAN: The final document, Your Honour,

    7 is Document 6.51, again signed by the accused, Milan

    8 Kovacevic.

    9 Q. Mr. Semenovic, have you had an opportunity to

    10 review this document?

    11 A. Yes.

    12 Q. Based on your experience as a

    13 parliamentarian, can you explain to the Trial Chamber

    14 briefly what the final part of that first paragraph

    15 means, where it talks about the companies which were

    16 owned by the Republic of Slovenia, Croatia or the

    17 former Republic of Bosnia-Herzegovina, as it's referred

    18 to here? It's given to the temporary ownership of

    19 Prijedor Municipality until final settlement of assets,

    20 what does that mean, "temporary ownership to the

    21 Municipal Assembly"?

    22 MR. VUCICEVIC: Your Honour, this is a plain

    23 language on its face.

    24 JUDGE MAY: Well, that seems to be so, Mr.

    25 Keegan, it seems to explain itself.

  29. 1 MR. KEEGAN: Very well, Your Honour, we'll

    2 move on, if the Trial Chamber sees that.

    3 Q. Now, Mr. Semenovic, if we can turn then to

    4 your experiences in Prijedor. At the last session on

    5 Wednesday afternoon, you testified about a meeting

    6 between SDA and SDS officials after the take-over, which

    7 you attended, and you testified as to comments made by

    8 Radmilo Zeljaja, what, if any, comments about Kozarac did

    9 the SDS officials at the meeting make?

    10 A. The officials at that meeting didn't speak

    11 much, Slobodan spoke and Mr. Simo Miskovic as well.

    12 Q. What, if any, comments did Mr. Miskovic

    13 make?

    14 A. Mr. Miskovic said that we have to accept what

    15 we are being asked to do and then he said that in

    16 Kozarac there must be a Serbian flag and Serbian police

    17 present. And unless we accept that, he literally said,

    18 I am quoting, "We will not be able to prevent our

    19 extremists for a long time, to stop them. They will do

    20 it on their own."

    21 Q. What, if any, comments did he make with

    22 respect to the flag of Bosnia and Herzegovina?

    23 A. Yes, he said in Kozarac there has to be a

    24 Serbian flag. We cannot look at the flag of the former

    25 Bosnia-Herzegovina in Kozarac. And Mr. Medunjanin

  30. 1 tried to reply, but was not successfully.

    2 Q. Did the SDA propose any measures to try and

    3 reduce the tension in the area or moderate the

    4 situation?

    5 A. Mr. Medunjanin spoke on behalf of the SDA the

    6 most. He proposed that SDS and the army that was

    7 present at the meeting form a delegation and then

    8 jointly go around Kozarac and visit all the areas and

    9 then ask the soldiers, the army and the SDS to form

    10 joint groups formed from the members of the Territorial

    11 Defence in Kozarac and so they joined groups of the TO

    12 and the army who would then guard the reserves so that

    13 they could calm down the tension, but they did not

    14 accept any kind of discussion on this issue. And at

    15 the end, Medunjanin stated that after the ultimatum

    16 that was issued, he said, all right, gentlemen, we will

    17 ask the people, we will gather them and ask the people

    18 to state their opinion on your request.

    19 Q. After this meeting, did you and the other

    20 leaders of the Bosnian Muslim Community discuss what

    21 might occur next?

    22 A. Everything was clear to us. The messages

    23 that we were given were not indirect. They were quite

    24 direct. Zeljaja literally said, gentlemen, you have to

    25 return 5.000 rifles. Once you return them, then we can

  31. 1 start the discussion again. You have a deadline. I

    2 think, if I remember correctly, he said five days was

    3 the deadline. If you do not return them, we will not

    4 discuss any further. And it was completely clear to

    5 us, at that point, what were their intentions and that

    6 they will attack with arms, Kozarac and the surrounding

    7 areas. Because we were not able to reply to those

    8 requests, we had no means. We had not nearly as many

    9 arms, as many rifles as they requested us to return by

    10 a certain day.

    11 Q. By the time of this meeting, were you, and

    12 other leaders of the Bosnian Muslim Community, aware of

    13 attacks on non-Serb areas in other parts of Bosnia and

    14 Herzegovina?

    15 A. We watched it every day, daily on television,

    16 even before that, prior to these events in Bijeljina,

    17 Bosniaks and Croats were killed, literally, women,

    18 elderly. We saw the pictures of civilians being

    19 shot at from close proximity. We also observed the

    20 activities of the Serb army in Zvornik and also

    21 Musakrahs (phon). And we also had information from

    22 Bosanski Novi, where prior to that the military action

    23 has been carried out. And where people were gathered

    24 in the stadiums and they were marked in a special way.

    25 Some of them managed to escape from Bosanski Novi and

  32. 1 this is the information that they gave us. The freedom

    2 of movement with was non-existent. We couldn't move

    3 neither to Prijedor nor to Omarska. Prior to that, the

    4 departure from Prijedor Municipality was forbidden to

    5 women and to elderly and children. And everything was

    6 quite clear to us. We just tried to -- we looked for

    7 the way to find a peaceful resolution to this.

    8 However, we had no influence, we couldn't affect the

    9 events and, in fact, we were being told that, we were

    10 being clearly stated what the intentions were.

    11 Q. You mentioned that freedom of movement was

    12 non-existent, we couldn't move either to Prijedor, nor

    13 to Omarska, could you explain what you mean by that,

    14 please?

    15 A. In May, after the take-over by SDS, two or

    16 three days after that, the buses were returned, the

    17 buses that left from Prijedor towards Banja Luka, they

    18 were stopped around Omarska. Part of the passengers

    19 were robbed and then the buses were sent back to

    20 Prijedor. On the radio there was an information and

    21 spread out that Muslims are preparing for the war

    22 against the Serbs and that they're evacuating, they

    23 wish to evacuate their families, women and children so

    24 they can fight better, more successfully. After that,

    25 the travel on bus was ceased and after May 4th or 5th,

  33. 1 there was basically no traffic. They had checkpoints,

    2 military points at the exit points of Kozarac towards

    3 Prijedor. At the entrance of Prijedor, there was no

    4 traffic. It was impossible to send children to school,

    5 the children from Kozarac who went to high school from

    6 Prijedor.

    7 The events, the activities around us, we

    8 followed them by radio, by television. Part of it we

    9 watched was Belgrade Television and part of it was

    10 Croatian Television that we could watch there, and

    11 everything was clear to us. There was a huge fear

    12 present, and all we did was just sit there and expect

    13 the attack. We tried -- and the conclusions from all

    14 of our meetings was to try and not give them any motive

    15 and to not react to the shootings that took place

    16 around the houses of Bosniaks. The shootings at that

    17 time were quite frequent. In Kozarac on May 3rd, the

    18 army sent a tank into the intersection. The tank was

    19 there for several days with a complete crew and a

    20 certain number of soldiers. They were fully armed and

    21 aiming at Kozarac.

    22 Q. Just a minute, if I may? How was it that you

    23 were able and the other members of the delegation were

    24 able to actually attend the meeting then in Prijedor

    25 which we have been discussing?

  34. 1 A. There was telephone contact between the army

    2 in Prijedor and the Crisis Staff, the local community

    3 in Kozarac and the police in Kozarac, and the

    4 Territorial Defence also in Kozarac. Maybe a day after

    5 the take-over, the people from the Crisis Staff called

    6 Kozarac and required that a group go there for

    7 negotiations. As far as I remember, that was Becir

    8 Medunjanin who was called, Ilijaz Music and some other

    9 people. So the negotiations took place on the 5th, as

    10 early as on the 5th of May. They had assurances of

    11 security. In the beginning of May, for the first ten

    12 days, it was still possible to go to Prijedor. I went

    13 to Prijedor on a bus. But after the 15th of May, it

    14 was impossible, 15th to 18th, I'm not sure about the

    15 exact date. It was absolutely impossible. It wasn't

    16 safe. People were afraid for their lives.

    17 If I may? The last negotiations, the

    18 invitation to that meeting that I spoke about, it was

    19 arranged via telephone links with the Territorial

    20 Defence staff in Kozarac and the Serbian authorities in

    21 Prijedor. We all came together and we went to Orlovci

    22 in one car, and the Serbian authorities told that they

    23 would advise the Serbian soldiers at the checkpoints

    24 and that they should let us through and to let us go

    25 back, and that's how it was.

  35. 1 Q. Now, subsequent to that meeting, what plan of

    2 action did the Bosnian Muslim leadership in the Kozarac

    3 area decide upon?

    4 A. The only decision was for us to defend

    5 ourselves. We were sure that we would come under an

    6 attack because that was made plain to us, and the

    7 population could not go anywhere, flee anywhere. There

    8 was nowhere out. The only possibility left for us was

    9 to keep quiet and, in the case of an attack, to defend

    10 ourselves, to prevent the massacres in our area the

    11 massacres that occurred in some other municipalities of

    12 Bosnia-Herzegovina.

    13 Q. What type of forces existed at that moment,

    14 the day of that meeting, in the Kozavac area, which

    15 would be available for defence?

    16 A. There was the Territorial Defence.

    17 Q. At that time, are you aware of how many

    18 people were mobilised acting as members of the

    19 Territorial Defence?

    20 A. I personally did not know the exact number,

    21 but I knew that it was not sufficient, that not enough

    22 people had been mobilised. We were not able to

    23 conduct, to carry out the order of the Presidency of

    24 Bosnia and Herzegovina - I think it was dated the 8th

    25 of April - to mobilise the Territorial Defence. It

  36. 1 wasn't possible to carry it out because the Territorial

    2 Defence, its headquarters was in Prijedor. Some of the

    3 commanding officers were of Serbian nationality, and

    4 they blocked this process. The only option left was

    5 for the local parts of the Territorial Defence to carry

    6 out the order of the Presidency on the mobilisation,

    7 but the technical conditions were non-existent. We did

    8 not have them. We had very few weapons. People were

    9 not organised according to the organisational charts,

    10 and we had to organise everything ad hoc very quickly,

    11 so that in the event of an attack, we would be able to

    12 defend ourselves and avoid the massacres.

    13 Q. So what steps were undertaken, then, to try

    14 and prepare for the attack?

    15 A. The Territorial Defence was expanded as much

    16 as possible.

    17 Q. How was that expansion conducted?

    18 A. Well, we asked the people at those

    19 gatherings, we had rallies of the people, of the

    20 citizens, we asked them, what are we to do? We wanted

    21 to have the opinion of everyone. Everybody knew that

    22 we did not have enough people in the Territorial

    23 Defence to defend against the forces that were deployed

    24 around us, and the conclusion was to ask people whether

    25 they wanted to volunteer and to join the Territorial

  37. 1 Defence, everybody who had any kind of weapons, hunting

    2 rifles, pistols, and they reported to duty, even those

    3 who did not have any weapons decided to join.

    4 We deemed that out of the number of people

    5 that we had, every fifth person had some kind of

    6 weapon, so people placed themselves at their disposal,

    7 and we wanted to take shifts at the lines to defend our

    8 village. So that the Territorial Defence had a large

    9 number of people who decided to join, but they did not

    10 have the weapons. They were not armed.

    11 Q. How were those people actually contacted, how

    12 were they added to the TO list, and how did you

    13 determine who had weapons?

    14 A. Every person was -- every man was approached

    15 in their own house and they were asked directly and

    16 they signed indicating that they agreed to join. We

    17 wanted to conduct this in accordance with the legal

    18 procedure, in accordance with the rules on the

    19 organisation of the Territorial Defence, and all those

    20 who stated that they wished to join the Defence, they

    21 put their signature, and all those people who had

    22 weapons, they indicated what kind of weapon they had,

    23 and they signed it.

    24 Later on, from these records, we attempted to

    25 expand the existing formation of the Territorial

  38. 1 Defence and to adapt it to the area in which we lived.

    2 Immediately before the war, since there was no other

    3 solution available, we contracted a few blacksmiths.

    4 We wanted them to make some kind of home-made pistols,

    5 guns, with metal tubes because people were afraid and

    6 there weren't enough weapons, and that was a way for

    7 the people to try to obtain some kind of weapons to arm

    8 themselves and to defend themselves, and we managed to

    9 produce some of those guns, and some other people who

    10 did some metal processing, they also manufactured their

    11 own weapons.

    12 Q. Did you yourself sign the list indicating

    13 that you would volunteer for the TO?

    14 A. Yes.

    15 Q. Did you possess a weapon?

    16 A. No.

    17 Q. Now, was the intended organised defence force

    18 actually able to be formed?

    19 A. No.

    20 Q. And why not?

    21 A. We did not have the means for that.

    22 Telephone communications were down and communication

    23 equipment was scarce. I'm talking about the

    24 walkie-talkie equipment that the police and the

    25 Territorial Defence had, they were not in good order.

  39. 1 We did not have enough fuel for the commanders in the

    2 Territorial Defence to communicate with their units.

    3 We did not have time to train people. For some people,

    4 it was the first time that they held a weapon in their

    5 hands. We did not have the officers. We had two or

    6 three men who had some kind of experience, who were

    7 retired military officers, and when we managed to

    8 improvise some kind of solutions, then the problem was

    9 that we did not have enough weapons, not even one-third

    10 the weapons required to successfully defend the area.

    11 Q. You've talked about the problems of

    12 communication. What then was the primary method of

    13 communicating between the local communes in the area?

    14 A. I did not understand the question.

    15 Q. Earlier in your previous answer, you

    16 discussed the problems of communication. What was then

    17 the primary means of communicating between the local

    18 communes? How were messages passed? How were

    19 instructions passed?

    20 A. Radio communication or telephones, if the

    21 information was of such a nature that it could be

    22 conveyed over the phone.

    23 Q. If it wasn't, what did you rely upon?

    24 MR. VUCICEVIC: Your Honour, objection to the

    25 form of the question. Leading.

  40. 1 JUDGE MAY: I shall admit it.

    2 MR. KEEGAN:

    3 Q. You can answer the question.

    4 A. We were forced to communicate physically. If

    5 you had to go from one area to another, then you went

    6 there by bicycle or by motorbike, not often by car

    7 because there was not enough fuel. People had already

    8 used up all their fuel reserves. So this coordination

    9 required a lot of time.

    10 I went to Kozarac a couple of times by bike;

    11 it's a distance of about 5 kilometres by the time you

    12 go there and come back. If it's an urgent issue that

    13 needs to be resolved, then you're late.

    14 Q. At this time, were there checkpoints being

    15 manned by members of the Territorial Defence in the

    16 local communes?

    17 A. Yes, that's right.

    18 Q. Were all of those members armed?

    19 A. No.

    20 Q. You indicated earlier that the Territorial

    21 lists were drawn up and people were contacted in their

    22 houses. What was the level of the organisation for the

    23 Territorial Defence in the Kozarac area at that time?

    24 On what level was it organised?

    25 A. At the level of the Republic. And the orders

  41. 1 from the level of the Republic applied only in the

    2 areas where Bosniaks, Croats, and other non-Serbs were.

    3 Q. You've discussed earlier the order. What I'm

    4 referring to now is, during the time that you were

    5 trying to organise the Territorial Defence in the

    6 Prijedor area, the Kozarac area, what was the level of

    7 the organisation? At what administrative level?

    8 A. Yes. In Kozarac --

    9 MR. VUCICEVIC: Your Honour, that's been

    10 asked and answered. He asked the same question.

    11 A. In Kozarac, there was the command of the

    12 Territorial Defence for the Kozarac area, so that's

    13 where the command was; and at the lower level, you had

    14 the local commune. Local communes had their own local

    15 Territorial Defence units, and those who were in charge

    16 of those units had their command in Kozarac. The basic

    17 organisational unit of the Territorial Defence was the

    18 local commune.

    19 MR. KEEGAN: Could we have Exhibit 35 shown

    20 to the witness, please, which is the map of Prijedor?

    21 If that could be placed on the overhead, please?

    22 Now, could the map be moved so that it

    23 focuses on the Kozarac area, please, on the overhead?

    24 Now, is it possible to pan back a bit? Thank

    25 you.

  42. 1 Q. Mr. Semenovic, if you could, please, to

    2 assist the Trial Chamber, could you please indicate the

    3 various local communes that were then being formed as

    4 part of the Territorial Defence for the Kozarac area?

    5 A. This is Kozarac, and this is the Kozarac

    6 area. There are several local communes. There are the

    7 local commune in the town itself, then the local

    8 commune of Trnopolje, this area here, then Kamicani,

    9 local commune of Kozarusa, local commune of Brdani.

    10 Q. If we can slow that down a bit to make sure

    11 that it's clear to everyone? As we look at that map,

    12 Kozarac now being in the centre of the screen, the

    13 local commune of Trnopolje would be now to the -- could

    14 you indicate that area, please?

    15 A. The area of local commune of Trnopolje is

    16 here.

    17 Q. You may need to move the map up.

    18 Now, could you please indicate that again?

    19 A. So this is the area of the local commune of

    20 Trnopolje. This is where it is. To the south of

    21 Kozarac, down this road that's visible here and close

    22 to the fish pond, fishery, this is the local commune of

    23 Trnopolje. It consists of several villages, Trnjani,

    24 Kararici, Sivci, Mujkanovici, and so on.

    25 Q. That is the local commune that you were from?

  43. 1 A. Yes. That's my local commune where I lived.

    2 Q. Now, the local commune immediately above

    3 that, between Trnopolje and Kozarac, what was that area

    4 referred to as, between Trnopolje and Kozarac?

    5 A. The local commune of Hrnici, this part here.

    6 Q. Now, that road that runs on the map, on our

    7 computer screens, essentially from the top left to the

    8 bottom right as you look at the screen, indicating in

    9 red, what was the name of that road? How was it

    10 referred to in the area?

    11 A. That's the Prijedor-Banja Luka road. The

    12 Banja Luka road, as it was called.

    13 THE INTERPRETER: Could the witness please

    14 speak into the microphone?

    15 MR. KEEGAN:

    16 Q. Mr. Semenovic, when you're giving your

    17 responses, could you please lean forward and speak into

    18 the microphone so that the interpreters can hear you.

    19 A. The road that's indicated in red here is the

    20 Prijedor-Banja Luka road. Sometimes the local

    21 inhabitants called it the Banja Luka road or the

    22 blacktop road.

    23 Q. Was there another road that was referred to

    24 as the Old Prijedor-Banja Luka road?

    25 A. Yes. There was the old Prijedor-Banja Luka

  44. 1 road which goes through Kozarac, and then there is the

    2 turnoff here (indicated). I don't know if you can see

    3 it here.

    4 Q. What's that area that you're pointing to

    5 now? What's that area called, that area? That area?

    6 A. That's Donji Orlovci. That's the area which

    7 is inhabited by Serbs. And then you have Mujkanovici,

    8 that's the area with the Bosniak majority, and then

    9 it's Kozarusa further down the road.

    10 Q. The Old Banja Luka-Prijedor road would be the

    11 road that's indicated in yellow which essentially

    12 follows the new Banja Luka road in red. Earlier you

    13 indicated the checkpoint at Orlovci that you had to

    14 stop at on your way to the meeting. Could you indicate

    15 where that was on the map, please?

    16 A. It's here (indicated).

    17 Q. Now, these local communes that you referred

    18 to, and we'll deal specifically with Trnopolje first,

    19 was that local commune made up of one ethnic group?

    20 A. No.

    21 Q. How many other groups were there in the local

    22 commune of Trnopolje?

    23 A. Seventeen.

    24 Q. Were there, however, in the area, local

    25 communes that were composed of only one ethnic group or

  45. 1 by a vast majority of only one ethnic group?

    2 A. There were.

    3 Q. The actual town of Kozarac and the local

    4 communes immediately adjacent to it on the north side

    5 of the Banja Luka-Prijedor road, what was the majority

    6 ethnic group there?

    7 A. Bosniak Muslims. They had the absolute

    8 majority.

    9 Q. And the area of Omarska, the local commune of

    10 Omarska, what was the majority ethnic group there?

    11 A. Serb population had the absolute majority.

    12 Q. In the area that you refer to as Kozarusa

    13 that's indicated on the map, what was the majority

    14 ethnic group there?

    15 A. Bosniak Muslim.

    16 MR. KEEGAN: Your Honour, would that be a

    17 convenient time before we move on to an area since it

    18 is so close to the break?

    19 JUDGE MAY: Yes. Twenty minutes.

    20 --- Recess taken at 10.58 a.m.

    21 --- On resuming at 11.38 a.m.

    22 JUDGE MAY: Mr. Vucicevic, we've clarified

    23 matters with the registry concerning your request of

    24 Mr. Ostojic. And at their request, we've considered

    25 the matter again. We are prepared to grant him a right

  46. 1 of ordnance. But, of course, only him and only one

    2 legal assistant at a time. If you want legal

    3 assistants, their applications have to be made to the

    4 registry. If you want to apply for the right of

    5 audience for a legal assistant, then you must apply to

    6 this Trial Chamber. But, at the moment, we're prepared

    7 to grant an audience to Mr. Ostojic. But, of course,

    8 it must be understood that if he is going to

    9 cross-examine, only one cross-examination will be

    10 allowed per witness, as it were. You can't have two.

    11 MR. D'AMATO: Thank you very much, Your

    12 Honour.

    13 JUDGE MAY: I hope that clarifies matters.

    14 MR. D'AMATO: Your Honour, may I address one

    15 other point?

    16 JUDGE MAY: Yes, of course.

    17 MR. D'AMATO: The Prosecutor on Friday and

    18 Saturday had provided us with a number of new documents

    19 which are in the process of translation, some of which

    20 have already been introduced in this trial. We would

    21 like to ask the Court for some kind of guidance with

    22 respect to the amount of time that we are allowed to

    23 prepare with documents. Originally we had 20 days.

    24 And I think the 20-day figure, while I am not asking

    25 for rigidity in that matter, at least betokens a

  47. 1 certain amount of latitude to the Defence to be able to

    2 understand, read, discuss these documents. But two or

    3 three days' notice with a weekend was very, very hard

    4 for us to put this defence together on that. And we

    5 would like to ask the Tribunal for some kind of

    6 guidance with respect to the future operations of the

    7 trial with respect to disclosure of documents.

    8 JUDGE MAY: Well, I think speaking for

    9 myself, there should be prompt disclosure and adequate

    10 time for the Defence to prepare. It's the duty of the

    11 Prosecution to disclose all the documents, so there is

    12 such time to prepare.

    13 Yes, Mr. Keegan.

    14 MR. KEEGAN: Yes, Your Honour, we're clearly

    15 mindful of that. The question was to whether they had

    16 an objection. And if they object, that is an issue we

    17 take into consideration and we can certainly make the

    18 witness subject to recall and bring them back at a

    19 later time after the Defence has indicated they have

    20 had time to prepare.

    21 MR. D'AMATO: We're mindful of the necessity

    22 to speed up the trial. Some of these documents were

    23 very short and we did put the weekend in work and so

    24 we're able to be here today and accommodate as much as

    25 possible. But I think, as a general matter, we would

  48. 1 like that adequate time that you're talking about and I

    2 don't think a weekend is an adequate time.

    3 MR. KEEGAN: Your Honour, if I may? First

    4 off, none of the documents introduced thus far were

    5 turned over in the weekend. All of these documents

    6 were turned over either in January or April. My

    7 question today was with respect to the documents newly

    8 discovered, which I turned over the day after, in fact,

    9 the morning after we discovered them was, do you have

    10 an objection? They indicated they do, we'll take that

    11 into consideration and we can bring the witness subject

    12 to recall.

    13 JUDGE MAY: Well, I think what we want to

    14 avoid is any unnecessary delay in the trial

    15 proceedings, which necessitated any delays necessitated

    16 by the Defence having had time to prepare. If you

    17 receive documents too late for you to prepare, then, of

    18 course, it's open to you to apply for time. But we

    19 will discourage any late disclosure.

    20 MR. D'AMATO: Mr. Vucicevic, would like to

    21 add something out of his personal knowledge with the

    22 Prosecutor. Thank you.

    23 MR. VUCICEVIC: Your Honours, the document

    24 that you are talking about, it was not translated yet

    25 and, supposedly, the prosecutor said discovered this

  49. 1 document among the batch of documents that were seized

    2 in Prijedor in December pursuant to this Trial Chamber

    3 warrant for such search and seizure. And some of the

    4 documents from the same batch were disclosed to us in

    5 April. And that, your order indicated that all the

    6 disclosures should be done 20 days before trial. And

    7 it's, indeed, somewhat unusual that a document from the

    8 same batch would surface only three days after the

    9 trial has started and two days before the witness will

    10 take the stand and talk about a document. That's

    11 basically what we are talking about, compliance with

    12 the orders. Thank you, Your Honour.

    13 JUDGE MAY: Yes, Mr. Keegan, if you would

    14 like to go on.

    15 MR. KEEGAN: Thank you, Your Honour.

    16 Q. Mr. Semenovic, where did the first military

    17 attack occur in Prijedor?

    18 A. In the area of Hambarine.

    19 Q. And do you recall the date of that attack?

    20 A. Yes, May 22nd, 1992.

    21 Q. And where were you when that attack

    22 occurred?

    23 A. In Trnopolje.

    24 Q. How did you become aware of the attack?

    25 A. The night prior to the attack, in the local

  50. 1 commune, we heard on one of the equipment pieces of the

    2 TO on the -- with walkie-talkie, we heard that there

    3 was some shooting at the entrance into Hambarine. And

    4 that there is some kind of ultimatum issued concerning

    5 the return of the weapons, but we did not have any

    6 precise information. The next day we were able to hear

    7 the artillery shooting and see a large part of

    8 Hambarine burning. We saw smoke, significant smoke.

    9 And since the day was clear, we could very well see the

    10 smoke and hear the shooting.

    11 Q. And in the ultimatums that you mentioned,

    12 what organ of the Serbian government in Prijedor was

    13 giving these ultimatums?

    14 A. As far as I remember, it was the Crisis Staff

    15 headquarters that issued the ultimatum.

    16 Q. Were you aware -- had you been made aware

    17 prior to this attack of where artillery had been

    18 positioned in the Municipality of Prijedor?

    19 A. Yes, yes, we knew that quite well in advance

    20 of the attack.

    21 Q. And where were some of those areas that

    22 artillery had been positioned?

    23 A. It was in the area of Urije, Brezicani, above

    24 the Village of Gornja Puharska. In Kozara, in two

    25 areas of Kozara. In Tomasica. And somewhere in the

  51. 1 area of Omarska.

    2 Q. What area in Kozara, you mentioned two areas

    3 in Kozara, what areas are you referring to?

    4 A. In Benkovac and somewhere above the quarry.

    5 Benkovac is in the area of Mrakovica.

    6 Q. And the other area is a quarry, by that you

    7 mean a rock quarry?

    8 A. Yes, this is where they obtained the stone.

    9 Q. Based on my prior experience, Your Honour, I

    10 just want to make sure the record is clear for when

    11 they produce the transcript.

    12 Where was the next area of attack in

    13 Prijedor?

    14 A. Kozarac.

    15 Q. And what was the date of that attack?

    16 A. Two days after the attack on Hambarine, May

    17 24th, 1992, in the early afternoon, as far as I

    18 remember, it was around 12.30, one o'clock in the

    19 afternoon.

    20 Q. What, if any, demands were made prior to the

    21 attack?

    22 A. They issued the ultimatum on surrender. I

    23 wasn't able to hear it, but this is what people heard

    24 on the radio stations. And in the police in Kozarac --

    25 Serbian authorities called the police in Kozarac and

  52. 1 talked to the chief of police and officially issued the

    2 ultimatum to them.

    3 Q. You say "surrender," what type of surrender?

    4 A. They requested the Territorial Defence to

    5 surrender and also the police force. And also the

    6 people that they knew were armed.

    7 Q. Now, earlier in your testimony you had

    8 mentioned observing instances where Serbian families

    9 had left their homes during the evening and come back

    10 during the day and you indicated that this occurred on

    11 several occasions, or a number of occasions.

    12 A. Yes.

    13 Q. What, if any, unusual movement by Serbian

    14 civilians did you notice prior to the attack on

    15 Kozarac?

    16 A. Yes, we observed how the Serb population

    17 withdrew completely from those mixed areas and they

    18 withdrew into the depth of the territory, into the

    19 Serb territory. And it was only the grown men that

    20 remained.

    21 Q. In the area of Trnopolje, in the local

    22 communes that made up Trnopolje, did every home have a

    23 telephone?

    24 A. No. The telephone lines were completely

    25 abolished and only in one house there was a telephone

  53. 1 link. And that was, of course, a private house. And

    2 people couldn't understand how come in just one house

    3 the telephone was functioning, but it was functioning

    4 at that house.

    5 Q. Did everyone in the local commune have a

    6 car?

    7 A. No.

    8 Q. Where were you when the attack on Kozarac

    9 started?

    10 A. In the local commune in Trnopolje.

    11 Q. What did you do after the attack began?

    12 A. I started walking towards Kozarac because we

    13 didn't have the radio connection to Kozarac, so

    14 somebody had to go and see what needs to be done out

    15 there, the field, because we could hear the shooting,

    16 the artillery shooting towards the Bosniak houses. And

    17 I started towards -- there were not enough -- there

    18 were several vehicles, but we didn't have enough fuel,

    19 so I started on the bicycle.

    20 Q. And did you make it into Kozarac?

    21 A. No. I managed to reach the area above Hrnici

    22 and to be more precise, I managed to reach Suhi Brod.

    23 Q. And why did you stop there?

    24 A. It wasn't possible to go on because the

    25 shells, the area where I was, was being shelled

  54. 1 constantly and one couldn't go on because of the

    2 shelling.

    3 Q. Based on your experience in your artillery in

    4 the JNA, what types of weapons was it that were firing

    5 the shells which were falling on Kozarac?

    6 A. I --

    7 MR. VUCICEVIC: Your Honour, I object to this

    8 question because this witness hadn't been qualified as

    9 a military expert. He has only testified that he has

    10 served in the artillery unit. The question is asking

    11 him, based on the type of a fire that's obviously

    12 heard, to determine what kind of weapons are firing.

    13 JUDGE MAY: He was in the artillery, he can

    14 answer the question. Whether the answer has any weight

    15 is for us to determine.

    16 MR. VUCICEVIC: Thank you, Your Honour.

    17 MR. KEEGAN: You can answer the question, Mr.

    18 Semenovic. Mr. Semenovic.

    19 THE WITNESS: Yes, I could say that there

    20 were several different types of artillery that were

    21 being fired. I saw the shelling. I saw the explosions

    22 and I heard the detonations of the shells that were

    23 falling on Kozarac and the area around Kozarac. And I

    24 also heard the explosions of the shells being fired.

    25 This came from the area of Urije and I think that was

  55. 1 the long-range artillery. The Howitzers. And I could

    2 tell that because the explosions were magnificent. I

    3 also noticed that the shells were coming from Kozara

    4 area. I noticed from Orlovci, I noticed that the

    5 shells of smaller calibre, which were probably

    6 Howitzers, mortars of smaller calibre were coming from

    7 Orlovci and the shells were falling around Kozarac

    8 too.

    9 From Omarska, I heard a very, very loud

    10 firing and which indicated that it was the heavy

    11 artillery that was being fired in that area.

    12 We expected from that that Kozarac and Trnopolje

    13 would be fired at from the area of Tomasica because we

    14 knew before that there were guns there facing Kozarac,

    15 however, there was no fire from Tomasica area.

    16 MR. KEEGAN:

    17 Q. How intensive was the shelling during that

    18 period?

    19 A. It took place the whole day that day and

    20 almost the whole night with small breaks and then the

    21 next day.

    22 The next day there was firing from Tremblans

    23 (Phon) as well, from the area of Trnopolje where the

    24 Serbian villages were mostly in the area of Sivci,

    25 where there were already groups of people that were

  56. 1 gathering there, the groups of civilian inhabitants

    2 were gathering there.

    3 Q. Excuse me, Mr. Semenovic. Your Honour, I

    4 note in the record that the interpreters repeated the

    5 Serbo-Croatian word that the witness used, Tremblans?

    6 THE INTERPRETER: Should be rifle launched

    7 grenades.

    8 MR. KEEGAN: Thank you.

    9 Q. Now, the -- how many days did the shelling go

    10 on for, Mr. Semenovic?

    11 A. Two days.

    12 Q. And what occurred after the shelling lifted?

    13 A. After the shelling ceased, Serbian forces

    14 entered from the direction of Prijedor into Kozarac and

    15 burned the whole area of Kozarac up until the middle

    16 section of Kozarac. I observed that from about from

    17 the distance of two and a half kilometres.

    18 Q. Were there movements by parts of the

    19 population toward Trnopolje?

    20 A. Yes. The people from Kozara who tried to

    21 flee into Kozara and people that left their basements

    22 once the shelling stopped, they all started moving

    23 toward Trnopolje and the inhabitants, the complete

    24 inhabitants of -- the complete population of Trnopolje

    25 with all the necessities, they started walking and

  57. 1 going on the tractors towards Kozara. There was no

    2 coordination. In these groups of people -- these two

    3 groups met somewhere halfway in the area, of the

    4 villages of Sivci, Mujkanovici, Suhi Brod. A huge

    5 number of people were present. Those that came from

    6 above because they had information that the Serbs

    7 broadcast on the radio that those who are not armed and

    8 who are not guilty, can come down to Trnopolje and they

    9 will be safe there. That only the extremists would be

    10 the ones who would be arrested. And the population

    11 just needed to go away because the extremists were

    12 dangerous for Muslims. And once everything stopped,

    13 the population would be able to go back into their

    14 houses. And a lot of people believed what they heard

    15 on the radio and this is why they started moving

    16 towards Trnopolje.

    17 The Serbs took several Muslim Bosniaks into

    18 the radio stations to urge people to go into

    19 Trnopolje. I heard that Hilmija Nukic, who lived in

    20 Trnopolje was the one who urged the population to go to

    21 Trnopolje, together with the Crisis Staff. And I also

    22 heard that some people in Prijedor were forced to do

    23 the same.

    24 Q. Now, you referred to Kozara as the location

    25 where people were heading from Trnopolje. Can you

  58. 1 explain briefly to the Trial Chamber what Kozara is?

    2 A. Kozara is a mountain above Kozarac.

    3 Q. Now, did you see what happened to any of the

    4 villages in the area, any of the particular villages in

    5 the area?

    6 A. Yes, I saw that part of Kozarac, actually

    7 almost the whole Kozarac was almost completely burned.

    8 There was an incredible fire because it was, it was put

    9 on fire within a very short time and they started

    10 putting it on fire sometime in the afternoon around

    11 5.00 p.m. And around eight or nine that evening,

    12 almost all of that area was burning simultaneously. It

    13 was terrible to watch. There was some occasional

    14 shooting, but not a lot of shooting, just this huge

    15 fire. Several people managed to flee when the Serbian

    16 army entered that area. And they told us how they did

    17 that. They throw some kind of bombs into the houses

    18 and then the houses start burning and burn out very

    19 quickly. And some houses where they thought there was

    20 some people in there, they would throw the bomb first,

    21 the plaine bomb. And then the bomb that puts the house

    22 on fire, but in that they basically didn't leave any

    23 house untouched. They burned every house.

    24 Q. The fires that you saw beginning in the area,

    25 can you tell from what direction the fire started?

  59. 1 What side of the village? What area was it adjacent

    2 to?

    3 A. From Mujkanovici and then Kozarusa was

    4 burning up until the mid section of Kozarac. So from

    5 the section of Prijedor from the direction of the

    6 checkpoint, the Serb forces checkpoint, up until

    7 Kozarac, that whole area was put on fire. And the area

    8 that I mentioned, it burned out completely within a

    9 very short period of time, the whole village was

    10 burning. It was a horrible sight.

    11 Q. You mentioned that there had been shooting

    12 going on during this time as well, was any of the fire

    13 directed toward the civilians, the people who were

    14 fleeing the village?

    15 A. Certainly, in Kozarusa, those people that

    16 managed to flee and join the other group down there,

    17 they started mentioning the people that were shot.

    18 They gave an example of Jasim Jelkic. He was very old,

    19 he couldn't run away and he was shot. And also some

    20 that were fleeing were being shot at some and some were

    21 killed and some managed to escape.

    22 Q. Did you become aware of when the camp in the

    23 Trnopolje area opened?

    24 A. Yes, I learned of that a few days after the

    25 fact.

  60. 1 Q. In the days following the attack, what did

    2 you do?

    3 A. When these groups of civilians that I

    4 mentioned joined, due to shelling and to firing and

    5 burning of the villages in Kozarac, people had no other

    6 choice but to walk towards Trnopolje where houses were

    7 not being fired and where there were non-firing going

    8 on. At the same time Serb army in certain areas

    9 started entering the civilian groups, giving the

    10 explanation that they were looking for extremists.

    11 However, I was one of those extremists that they were

    12 looking for and I had to hide.

    13 Q. How long did you remain in hiding?

    14 A. I was hiding by myself in one area for two

    15 days, and then a woman called me and she told me that I

    16 could hide in her house because her house was in a safe

    17 place because it was among the houses of the Ukrainians,

    18 non-Serb population, so this is why those houses would

    19 not be searched.

    20 Q. For how long did you remain in hiding total?

    21 Until what day?

    22 A. In that house, or around that house, I

    23 remained for a month. After that, I was hiding by

    24 myself because those houses were cleansed as well and

    25 that area was cleansed as well. This woman was taken

  61. 1 towards Trnopolje together with her children, and I

    2 remained by myself there alone. There were also

    3 several of my acquaintances there; however, I didn't

    4 dare be with them because we were afraid that, should

    5 we be arrested by Serb forces, they would be shot

    6 because I had a political position prior to this and

    7 they were looking for me.

    8 In the end, those people left, and I remained

    9 completely alone.

    10 Q. Can you name the hamlets or villages which

    11 you went through or in the area during the time that

    12 you were in hiding?

    13 A. Yes. I was in Hrnici, Suhi Brod, Gornji

    14 Sivci, Sivci, Mujkanovici, Kenjari, and lastly,

    15 Trnopolje.

    16 Q. During the time that you were in hiding in

    17 the area of Sivci, did military forces come into that

    18 area and seize the population?

    19 A. Yes, yes. They were undertaking those

    20 actions under the explanation that they were looking

    21 for extremists; however, every time they passed through

    22 the hamlet, they would take out all of the inhabitants,

    23 and while doing that, they would kill some people.

    24 They would take the men towards Kozarac or Trnopolje, I

    25 didn't know exactly where they were being taken, but I

  62. 1 noticed that they were being taken either towards

    2 Kozarac or into the direction of Trnopolje.

    3 Q. What was the ethnic group of the people

    4 living in that village?

    5 A. Bosniak Muslims and a small number of

    6 Ukrainians.

    7 Q. Were you able to determine what ethnic group

    8 that the military forces who were attacking that

    9 village were members of?

    10 A. Yes. Those were Serb forces.

    11 Q. How were you able to tell that?

    12 A. I could conclude that based on the insignia.

    13 I watched them from a short distance, I was hiding

    14 either in the grass or in the bushes by the road, and I

    15 also knew it because one of the Ukrainians that I have

    16 mentioned, in order not to be shot, he was forced to

    17 put on the uniform and become a member of the Serbian

    18 army. However, he asked for permission to stand guard

    19 in the area around his house and it was accepted. This

    20 woman that offered to hide me in her house, in her

    21 property, he gave her the information that he was able

    22 to acquire from other soldiers.

    23 Q. Can you describe the treatment of the people

    24 as they were being rounded up by these forces in the

    25 village of Sivci?

  63. 1 A. Well, it wasn't actually the rounding-up.

    2 They always told the inhabitants, "You're safe. We

    3 just want to arrest the extremists." And then suddenly

    4 it would happen that the village would be surrounded on

    5 all sides by the troops; that would always be without

    6 any prior notice. I was able to observe that on two

    7 occasions, first when they attacked Sivci and then

    8 Mujkanovici and Hrnici, so three times. They would

    9 surround the village from all sides and then they would

    10 open fire in a synchronised manner, and all those

    11 people who attempted to flee would go back, and also

    12 the people from other areas would flee in the opposite

    13 direction, and in the course of that shooting, they

    14 would always invariably kill a few people. Then they

    15 gathered the women and children in one location and

    16 male adults would be taken away in groups.

    17 On the main road, they had vehicles parked,

    18 vans, and in the course of the ethnic cleansing of

    19 Sivci, there was also a small bus. Some groups were

    20 taken away on foot and some were put on those vehicles

    21 and transported in vehicles, and while they were

    22 transported along the road, I wasn't able to flee very

    23 far from the road so I was hiding in the hedges, and

    24 thus I was able to observe a large group being taken

    25 from the village of Mujkanovici. They were taken to

  64. 1 Kozarac, they were beaten along the way. Some people

    2 fell down and the others had to pick them up. Some

    3 were singing Serbian songs and they were forced to do

    4 so and they were laughing at them, telling them, "You

    5 don't know those songs." They were beaten again, lined

    6 up, ordered to run, then to go slower. All the while,

    7 there was shooting.

    8 Later on I heard from the people who observed

    9 these events, further down the road to Kozarac, that

    10 some of the people from those groups were shot by the

    11 road. I did not see that personally, but people who

    12 did see it confirmed that fact.

    13 Q. Now, these forces involved in the attack,

    14 were you able to tell where any of those forces were

    15 from?

    16 A. Yes. In the course of the cleansing of the

    17 village of Kenjari, after the infantry that had rounded

    18 up or gathered up the population and took it away,

    19 there was also an APC, armoured personnel carrier,

    20 going from Trnopolje towards Kozarac, and it passed

    21 through Gornji Sivci. That's next to Kenjari. There

    22 was a Serbian flag on the APC. On the APC itself,

    23 there were quite a few soldiers sitting on top of that

    24 APC, and there was a group walking immediately behind

    25 it. They had the insignia, two or three types of

  65. 1 insignia: The police of the Autonomous Region of

    2 Krajina, there was the JNA insignia, and also some

    3 insignia I hadn't seen until that time.

    4 Over the next few days, when they were taking

    5 away the people from the village of Mujkanovici, I was

    6 able to observe from an abandoned house that group, and

    7 I could hear the discussion that they had. I don't

    8 mean the people who took away the captured men but the

    9 group of soldiers who walked through the village

    10 afterwards. I saw a mixed group. Some of them had the

    11 full uniform on, some wore jeans and military-type

    12 shirt, there were people who were younger, some were

    13 older, and I listened to a conversation which to me was

    14 strange at the time.

    15 One of the soldiers told another that, "This

    16 was really great, that it's better for him to come here

    17 and to be engaged in combat for two days than to work

    18 for a month in Banja Luka," which is where he lived and

    19 worked. He was telling that to another soldier who

    20 spoke with a pure Akkadian accent. I heard two

    21 soldiers speaking the Akkadian accent in that group of

    22 soldiers who were walking down the road.

    23 Q. Mr. Semenovic, what does the Akkadian accent

    24 mean? What do you mean by that? What does that

    25 signify?

  66. 1 A. It's the accent of people from Serbia. This

    2 is how the language is spoken in Serbia, and it's

    3 different from the dialect in Bosnia, it's an obvious

    4 difference, and people who live in the area are able to

    5 tell the difference.

    6 Q. Did you recognise whether any of the forces

    7 were from the local area, that is, the Prijedor area?

    8 A. Yes. Yes, I was.

    9 Q. As it got closer to the time where you went

    10 into Trnopolje camp, did the nature of the attacks

    11 change in the villages?

    12 A. Yes. The villages were completely

    13 depopulated. People were taken away; women and

    14 children were in Trnopolje and also some of the men.

    15 The other men were taken to camps. The villages were

    16 completely abandoned. Some were burnt, some were not.

    17 And then the looting by the soldiers began en masse.

    18 They took away everything they could take

    19 away, and I was also able to observe that when I was

    20 hiding in the area. First they would take away the

    21 most valuable items, electronic devices, TV sets, then

    22 refrigerators, cookers. In the end, they would also

    23 take the wood in front of the house, electric cables

    24 from the walls, light fixtures.

    25 Every time when they would approach the

  67. 1 house, they opened fire on the house. Since I was

    2 hiding, at first I thought that they were opening fire

    3 on people who were hiding in the houses, and then,

    4 later on, I realised that they were actually

    5 communicating by firing.

    6 The looting went on in the entire area. They

    7 parked the cars in which they arrived near the houses

    8 or in front of the houses, they would load on the

    9 goods, and then they would drive away. This lasted for

    10 four or five days.

    11 After that, there were groups of soldiers who

    12 also did that, and I was able to observe that there

    13 would be groups who would only pick up cookers. They

    14 entered each and every house, and if there was a cooker

    15 in there, then they would take it away. Then there was

    16 a group that was collecting electrical cookers and

    17 refrigerators and also the water heaters. Later on,

    18 there was a group that gathered cattle.

    19 Since at that time I slept in a large hedge

    20 which was very close to the military checkpoint, I felt

    21 that they would be least likely to look for me so close

    22 to the place where they were. I was able to see a

    23 place where they stockpiled the goods that they

    24 collected. Approximately every 24 hours, a large truck

    25 would arrive, and they would load the goods onto the

  68. 1 truck and took it away towards Kozarac. Then they

    2 would be collecting items for another two days and then

    3 the truck would arrive again.

    4 I did not observe individual soldiers do any

    5 looting in that period anymore.

    6 Q. Thereafter did you move towards Trnopolje?

    7 A. Yes. I was thinking whether I should go

    8 towards the Kozara and maybe try to escape that way or

    9 maybe towards the Grmec Mountain. And then I concluded

    10 that the route to Grmec was perhaps a bit easier,

    11 although it was longer, because on the Kozara,

    12 especially on the side facing Croatia, there were a lot

    13 of soldiers and minefields. That was because of the

    14 war in Croatia. And also because they spoke on the

    15 radio that there were minefields laid on Kozara in

    16 order to prevent extremists from fleeing that way. So

    17 I set off towards Grmec.

    18 The terrain that I was most familiar with was

    19 the area where I lived, Trnopolje. From that place

    20 where I was hiding, it took me 24 hours to pass the two

    21 kilometres because I didn't know where the soldiers

    22 were, where the guards were located. I was able to --

    23 to my own property, the land which is my own property,

    24 that's called Rosulje, it's a slightly elevated area

    25 near the centre of Trnopolje where the local commune

  69. 1 building was and where the camp was at the time.

    2 I arrived there around 3.00 a.m., just before

    3 dawn, and I decided to remain there in hiding for that

    4 day and to see how I could pass Trnopolje because I

    5 knew that the security was very tight there. I

    6 couldn't go to the left because there were the Serbian

    7 villages to the left of Trnopolje, and to the right, I

    8 did not know the terrain, and it was also adjacent to

    9 Serbian villages.

    10 So I observed from the hill the camp, it was

    11 about 500 metres away from me, and I observed it

    12 throughout the day until the evening. In the evening,

    13 I observed where the guards were and how I would be

    14 able to pass through this area. I saw that they

    15 changed shifts every two hours, and I observed which

    16 path they took around the camp.

    17 Q. Now, the next day, what did you see in the

    18 area of the camp?

    19 A. From that distance, I was able to see the

    20 camp and the people, a large number of people. They

    21 all walked very slowly and they were stooped. I wasn't

    22 able to hear their voices because the distance was too

    23 large.

    24 I also noticed that some buses and trucks

    25 arrived at Trnopolje from the direction of Prijedor. I

  70. 1 was able to go down into a cornfield and I was able to

    2 see that there were men on the buses, and they held

    3 their hands behind their backs and their heads were

    4 bent down. Those buses were full.

    5 I also saw some empty trucks, trailer trucks,

    6 and also some empty buses arrive at Trnopolje. I

    7 thought that maybe they were preparing to evacuate the

    8 whole camp because we did have some information from

    9 the Serbian radio that the Red Cross would evacuate

    10 everybody and that everybody would go to the Muslim

    11 territory, as they called it.

    12 From the place where I observed the goings

    13 on, I realised that I could go closer, get closer. To

    14 the left of the area from my observation point, behind

    15 the houses, there is a small wood, a cache of wood, and

    16 there were two cornfields, and then there was the area

    17 where the guards patrolled; and I concluded that maybe

    18 during the night, I would be able to cross through the

    19 cornfield and through the woods and to hide there at

    20 the edge and to see what was going on, because I

    21 realised that if I could wait for the evacuation, maybe

    22 I could also infiltrate into the convoy, or at least to

    23 try. It seemed like a safer option than to go to

    24 Grmec. I did not have any food or anything, it was

    25 over 30 kilometres on mountainous terrain. So that was

  71. 1 my decision.

    2 The next evening, I managed to get to that

    3 point.

    4 Q. How did you actually get into the camp?

    5 A. When I reached that clearing, it was early

    6 morning and there was a thick fog. That was maybe 70

    7 metres away from the wire of the camp. They couldn't

    8 see me there. I saw that there was complete chaos in

    9 there. I had thought that there would be guards, but

    10 there were women, children, elderly people. I saw that

    11 some people were packing their bags.

    12 I also noticed that the clearing that I was

    13 telling you about, those were two fields of arable

    14 land, and there was a border of maybe about a metre

    15 between those two fields and there was a rather deep

    16 ditch between them, and I realised that maybe I would

    17 be able to crawl along that ditch and get immediately

    18 next to the wire because I saw a lot of people

    19 relieving themselves next to the wire fence. I

    20 realised that this was, in fact, the latrine.

    21 And also that area below the wire fence was

    22 overgrown with raspberries, and I realised that they

    23 would not be able to see me. If I couldn't get in

    24 touch with those people and if I realised that I

    25 couldn't get inside and join them and that the

  72. 1 situation was not as chaotic as it had seemed to me, I

    2 thought that I would either sleep in the raspberry

    3 bushes and then go back or maybe I could go back

    4 immediately, if I deemed it possible.

    5 When I got to the wire fence, I realised that

    6 I was right, and I also recognised some of my friends.

    7 Q. So did you get in through the wire?

    8 A. Yes. I took off my trousers - I have to say

    9 that - I jumped through the wire fence, and I pretended

    10 that I was also relieving myself, just like all the

    11 other people there.

    12 I observed the area for about five minutes

    13 and I noticed some of my friends. And then, just like

    14 everybody around me, I pulled up my trousers, and I

    15 approached the first person that I knew and I asked

    16 what was happening and if it was possible for me to

    17 hide here. He said that they were preparing to

    18 evacuate the camp and to take everybody to Gracnica

    19 and that it would be possible for me to hide, but I had

    20 to go under a tractor or in an area at the corner of

    21 two buildings. He said that it was a safe area but

    22 that I would have to hide underneath a blanket.

    23 Q. Did they indicate whether or not the Serbian

    24 forces had been looking for you?

    25 A. Yes. I asked him if anybody was looking for

  73. 1 me. He said, "They are not looking for you. They

    2 called out your name a couple of times, but later they

    3 said that your corpse had been found and recognised by

    4 some soldiers in Kozarac." So they stopped looking for

    5 me. They hadn't been looking for me for about a

    6 month. That's what my friend Adem explained to me.

    7 Q. For how long did you remain in the Trnopolje

    8 camp?

    9 A. Three days and three nights. On the third

    10 night, around 2.00 a.m., I left again.

    11 Q. Why did you leave the camp?

    12 A. I left because I was in a group of people

    13 from Kamicani, their last name is Foric; they are all

    14 related to each other. On that day, just before I

    15 left, they were called out and taken away, and then we

    16 heard shooting, two bursts and six single shots.

    17 The next day, the camp administration called

    18 a man to bury six bodies and, according to his

    19 description, it turned out that these were the Foric

    20 men. At first I thought that maybe they had been shot

    21 because of me, but one of the group who had survived

    22 told me that it had nothing to do with me. He also

    23 reminded me that this soldier who had arrived a day

    24 before to say hello to the Foric brothers, to the Foric

    25 men, he took them away to kill them, and I was there

  74. 1 when this happened, but I had my back turned on that

    2 soldier.

    3 He came and he said hello in a peaceful way.

    4 He said, "Well, guys, when are we going to play

    5 football? What's happening?" They were quiet and then

    6 he turned around and left. One of the lads then

    7 clutched his stomach and he said, "It's all over." I

    8 asked him, "Why is it all over?" And he just repeated,

    9 "It's all over." And that was the end of that

    10 incident.

    11 That night, the Serb police came, they

    12 called out "Zilho Foric," one of the six relatives.

    13 They talked to him behind the tractor for several

    14 minutes; then he came back and he called his brother

    15 and four relatives, told them to get up and to put on

    16 their shoes and to accompany him. That's how they were

    17 taken away.

    18 Q. For how long did you leave the camp?

    19 A. Two or three days.

    20 Q. Why did you return to the camp?

    21 A. I returned on the third day. I had an

    22 arrangement with one of my acquaintances from the

    23 village of Kamicani. He was supposed to leave a

    24 message for me and to bring me some food because I did

    25 not have anything to eat. I explained to him how I got

  75. 1 out, and he said that he would take the same route.

    2 After two days, he did not appear, but on

    3 that morning, I saw six large buses that arrived in

    4 Trnopolje empty and several trailer trucks. They were

    5 all empty. And they had come from the direction of

    6 Prijedor. I realised that they were there to evacuate

    7 the people, to transfer them to Gracnica, as the

    8 rumour went, and that that was reason why my friend

    9 could not get out, because he didn't want to miss his

    10 chance. I also realised that this was a good

    11 opportunity for me.

    12 Q. So did you re-enter the camp?

    13 A. Yes. Yes, in the same manner, I re-entered

    14 the camp.

    15 Q. What did you discover when you re-entered the

    16 camp?

    17 A. When I re-entered the camp, I saw my friend,

    18 Adem Trnjanin. He noticed me because I was at the same

    19 spot where I had been before. He was crying. He just

    20 kept saying, "It's all over. They learned that you had

    21 been here. The 15 of us who contacted you, we were all

    22 interrogated, some were beaten, and we were given the

    23 ultimatum, 48 hours to tell them where you were." And

    24 that ultimatum was expiring at that time. I was there

    25 in the early morning, and at 10.00 or 11.00, that

  76. 1 deadline expired.

    2 Q. So what did you decide to do?

    3 A. I did not have any choice. I could have

    4 tried to escape to save my own life, but in that case,

    5 the 15 of them would have been shot. I did not ponder

    6 that. I took off my watch, gave it to a friend of

    7 mine. I wanted him to give it to my family if he

    8 survived. The 50 German marks that I had in my pocket

    9 I gave to another friend, and I told Adem to go and

    10 fetch the captain, the chief of the camp, of the camp

    11 guards, of the military guards who were there.

    12 So Adem went to fetch the captain, came back

    13 with him.

    14 Q. Where were you taken by this captain?

    15 A. He took me to a room that was across from the

    16 school, that was the room where the camp administration

    17 was. Some officers, military officers, were in there,

    18 and when this military officer took me to that house,

    19 Mr. Slobodan Kuruzovic, who I recognised, was getting

    20 out. I knew him from before the war. He was walking

    21 towards me. And there were also several soldiers.

    22 Some were running.

    23 Some of them punched me a couple of times,

    24 and Kuruzovic said that they should stop because there

    25 would be information coming from me. And then they

  77. 1 stopped. And he said, "No, this is not Semenovic. I

    2 know Semenovic." I said, "Yes, that's me." And then

    3 he recognised my voice.

    4 Later he asked me where my coat was, where my

    5 tie was. He said, "Look at you. You're so dirty." So

    6 they took me to their command where I was interrogated

    7 for a while, but I was not beaten.

    8 Q. Where were you taken then?

    9 A. They handcuffed me and took me out of the

    10 room. They put me into a Mercedes which was parked

    11 there, it was a green Mercedes. A soldier sat next to

    12 me in the back. He was one of the two twin brothers

    13 who were in Trnopolje. One of them sat in the back

    14 next to me, and in the front, in the driver's seat, was

    15 the officer who took me to Kuruzovic, and in the

    16 passenger seat, there was an employee who used to work

    17 for a friend of mine at the veterinary station. I

    18 think his name was Brane Beric. He asked me, "Where is

    19 your friend?" He asked that in an ironical matter. He

    20 meant his erstwhile employer, boss, Sejad Sivac, who

    21 was a friend of mine. So they took me to Prijedor, on

    22 the Trnopolje-Prijedor road, next to the railway line.

    23 Q. Where did they take you to? Where did you

    24 finally go?

    25 A. First they took me to Keraterm. Across the

  78. 1 road from Keraterm, there was some kind of

    2 administrative building of a company. I don't recall

    3 which company it was. At that time, this was where the

    4 military police were located. This is what was written

    5 on the building.

    6 Across the road, I saw the Keraterm factory

    7 and a large number of camp inmates in there, in the

    8 factory compound.

    9 We remained in the car for maybe ten or

    10 fifteen minutes. I took the opportunity -- this young

    11 soldier remained with me in the car, and the two who

    12 were in the front seats, they went to the military

    13 police building. Since this soldier at one point asked

    14 me, I quote, "Well, Mevludin, how come -- you are a

    15 member of parliament. How come you lived in such a bad

    16 house, a house in a bad condition?" My house was very

    17 small and rather old, and I said, "Well, this is what

    18 you get for living honestly."

    19 And then I realised that maybe this was a

    20 good opportunity for me to ask him what was going to

    21 happen. So I asked him that question. I simply said,

    22 "Can you tell me, will they kill me immediately or

    23 later on? What's the procedure? How is it done?"

    24 Q. What did he respond?

    25 A. And then he said, "It doesn't necessarily

  79. 1 mean that you will be killed. It depends on what you

    2 will tell them." I asked him, "What would be the best

    3 thing for me to say?" And then he said, "I don't

    4 know. May Allah help you." And that was the end of

    5 the conversation.

    6 Q. Where were you taken from that location?

    7 A. The two persons, that captain or the

    8 lieutenant, I am not sure of his rank, and Mr. Beric,

    9 took me from the military police building to the

    10 building of the SUP, the building of the military

    11 affairs in Prijedor to a room upstairs to an office

    12 there.

    13 Q. Were you interrogated there?

    14 A. There was a younger gentleman there. I

    15 realised that he was a police officer, in fact. Before

    16 the war he was a student and sometimes we had a drink

    17 together before the war because he was a boyfriend of a

    18 schoolmate of mine. When he started the interrogation,

    19 he was mocking me. He said, how come that you are so

    20 dirty? He was being very ironical, wearing a tie. Is

    21 that how an MP should look? And then at one point a

    22 soldier entered the room, he was a large man, blonde.

    23 He simply approached me, started to laugh and started

    24 hitting me. He beat me for a while and then he took a

    25 police baton and started hitting me over the back.

  80. 1 Then he started hitting me on the head and then, after

    2 a couple of blows, I fell down. Then he took out my

    3 belt from my pants, put it around my neck and pulled me

    4 up by the belt and he said the MP, member of

    5 parliament should have a tie. And he pulled me by

    6 the belt to another room. A police officer and a

    7 civilian were in that room, that later sat at the

    8 desk. And this is where they started the

    9 interrogation. And they also wrote down the

    10 interrogation. Right at the start they said, let's

    11 make one thing clear, you're a fundamentalist and we

    12 know it. You can say whatever you want, but your

    13 father was a fundamentalist.

    14 Q. Did they have anything that they indicated

    15 that there was proof that you were a fundamentalist?

    16 A. Yes, they said we have evidence. And in

    17 front of them they had a box, a shoe box, in which was

    18 my working diary and also a magazine, my father's

    19 magazine. My father died before the war. He was a

    20 priest or Imam Hodi as we say. And as Imam Hodi, of

    21 course, he was a subscriber to religious magazines. This

    22 is what he used in his work.

    23 And the police in my house, when they

    24 searched the house, they took one of those magazines.

    25 It was called, "Islamic Thought." And that magazine

  81. 1 was in police, on the police office, on the desk, and

    2 that was the proof that I was a fundamentalist and so

    3 was my father. And also there was a tape from the

    4 founding meeting of the SDA in Dubica and those were

    5 the two pieces of evidence that they had. I also saw

    6 that that magazine was three or four years old,

    7 although there were several of those that were just one

    8 year old. But in our house, we had a lot of those

    9 magazines and they didn't even try to find a fresher

    10 one, they just took the first one that they came across

    11 and they used it as evidence.

    12 JUDGE MAY: Well, Mr. Keegan, it's after half

    13 past.

    14 MR. KEEGAN: Yes.

    15 JUDGE MAY: We'll adjourn now. Five past

    16 two.










  82. 1 --- Luncheon recess taken at 12.35 p.m.

    2 --- On resuming at 2.08 p.m.

    3 JUDGE MAY: Yes, Mr. Keegan.

    4 MR. KEEGAN: Thank you, Your Honour.

    5 Q. Mr. Semenovic, did you know the ethnic group

    6 of the policeman who interrogated and beat you?

    7 A. I did, they were Serbian ethnic background.

    8 Q. Did you know any of them, were any of them

    9 local men?

    10 A. Yes, I did know two of them. I also knew the

    11 policeman that with was present while the interrogation

    12 was taking place. I was interrogated by the

    13 inspector.

    14 Q. And the others who you did not personally

    15 know, how is that you were able to identify their

    16 ethnic background?

    17 A. Yes, they were calling each other. The one

    18 that was beating me, they called him Dragan, if I can

    19 remember correctly. The one that was in the car when I

    20 was taken to Prijedor, I knew him, I met him through my

    21 friends because he was a director to one of my

    22 friends. And I also knew that the chief of the guards

    23 in Trnopolje camp was called Slavko. I don't know his

    24 last name.

    25 Q. Now, after the interrogation, where were you

  83. 1 taken?

    2 A. After the interrogation, I was taken to the

    3 prison cell.

    4 Q. Was there anything about the condition of the

    5 cell that indicated to you what had happened to

    6 prisoners who had been in there before you?

    7 A. Yes, there was a lot of blood on the floor

    8 and on the walls. And I remember that there was a big

    9 bloody stain above the metal bed that took about

    10 two-thirds of the room. From the entrance to the

    11 right, on the right wall there was a spot, a bloody

    12 spot on the wall, maybe one metre wide. A huge bloody

    13 spot. And there was part of the wall that gave in.

    14 The bloody spot was descending as if somebody was

    15 draining the blood downwards. I suppose that somebody

    16 was shot from a close proximity and this bloody spot

    17 was there on the wall. And there was also a hole in

    18 the wall from the bullet. There was some blood on the

    19 floor and also the, the cover, the bed spread was, had

    20 several blood spots on it.

    21 Q. Was there anyone in the cell when you were

    22 put in there?

    23 A. Yes, four persons were in it, two men and two

    24 women.

    25 Q. Did you know any of those people?

  84. 1 A. I did know one person, an acquaintance. But

    2 when I was -- when I was taken into the cell, I was

    3 beaten in front of the cell. I was thrown on the floor

    4 and then thrown inside. And I just lay on the floor

    5 for about half an hour on the concrete floor and I was

    6 quiet. And then after half an hour, these women said

    7 to the men, asked them to pick me up and put me on the

    8 bed. And then I started quietly talking to them and

    9 they told me that they were from Cela.

    10 Q. And were you able to determine the ethnic

    11 group of the people who were in the cell with you?

    12 A. Yes, they were Bosniak Muslims, both men and

    13 women that were in the cell. And they told me, the

    14 woman told me that some were arrested on the street and

    15 some in their houses and they were brought in without

    16 any reason or explanation.

    17 Q. And what occurred to you after that?

    18 A. After that, they took the men and women out

    19 of the cell and I remained there alone. I spent a

    20 night in the cell. And during the night, the guards

    21 were beating on the door several times saying that they

    22 would come in, saying that I would clean the bedroom,

    23 the dormitory of the military police, that was across

    24 from there; however, they did not open the door. And

    25 the next morning, the police came in and they took me

  85. 1 out of the cell. They took me again through the

    2 building of the Internal Ministry into the court yard

    3 where there was a bus, a parked bus. When I was going

    4 through the hallway of the building of the Interior

    5 Ministry, I saw a gentleman, Simo Miskovic that I knew

    6 from before. I tried to catch his glance and perhaps

    7 ask him something, however, he turned his head the

    8 other way when he saw me. And the policeman brought me

    9 to the bus and told me to enter the bus and to sit

    10 down.

    11 Q. And what was Simo Miskovic's position at that

    12 time?

    13 A. He was President of the Serbian Democratic

    14 Party in Prijedor.

    15 Q. And how was it that you were being led

    16 through the building? By what means?

    17 A. I was tied with a belt around my neck and I

    18 was taken, you know, they were pulling the belt and I

    19 couldn't walk straight, I couldn't straighten up, I was

    20 all bent down and looking downwards. They were

    21 laughing and saying: "Move away. We're leading the

    22 member of the parliament here." And just prior, before

    23 we entered the bus, they took the belt off and told me,

    24 get in.

    25 Q. What type of uniforms were the individuals

  86. 1 wearing who were involved in your interrogation, in

    2 your detention in the SUP and taking you out of the

    3 SUP?

    4 A. The persons who took me into SUP and took me

    5 out wore the uniforms of the special military police.

    6 And some -- and also the people that beat me also had

    7 military or police uniforms. And one of the persons

    8 that interrogated me, had a classic police uniform, the

    9 blue colour uniform.

    10 Q. Can you describe what the special police --

    11 excuse me, what the special police military uniform

    12 looks like?

    13 A. They were camouflage uniforms, however, they

    14 were not green as usual. They had some kind of a

    15 purplish, light purplish colour. They were slightly

    16 different, slightly darker than regular military

    17 camouflage uniforms.

    18 Q. Now, when you, after you were put on the bus,

    19 where were you taken?

    20 A. Omarska.

    21 Q. And when you arrived at the Omarska camp,

    22 where were you first taken?

    23 A. I was first taken into the administrative

    24 building. And up there, upstairs, they recorded my

    25 name in some kind of a record book and then they took

  87. 1 me out of the administrative building and escorted me

    2 to a small house that was across from the

    3 administrative building.

    4 Q. How long of a period of time did you spend

    5 totally in Omarska camp?

    6 A. I think about eight or nine days.

    7 Q. Your Honour, I am now going to ask the

    8 witness to identify the structures on the model that's

    9 before him. I believe he may need to change head sets

    10 to have on the longer cord.

    11 Mr. Semenovic, if you could come around the

    12 end of the table, so that the judges can see where

    13 you're pointing, please. This is Omarska camp, it was

    14 Exhibit No. 130 in the Tadic trial. It would have to

    15 be now given the next number in order. P-14, I

    16 believe. 40, excuse me.

    17 THE REGISTRAR: 40, that's correct.

    18 MR. KEEGAN: Mr. Semenovic, you're going to

    19 need to speak into one of the microphones.

    20 THE WITNESS: Okay.

    21 MR. KEEGAN:

    22 Q. Mr. Semenovic, if you could first identify

    23 which building there is the administration building?

    24 A. This is the administration building, this

    25 here is the administration building in Omarska.

  88. 1 Q. And what is the structure on the other side

    2 of that building then?

    3 A. This is the former restaurant of the mining

    4 complex, the cafeteria in which the workers that worked

    5 in the mine ate. This is the entrance into the

    6 administration building, you enter here and they have a

    7 spiral staircase that goes up.

    8 Q. And later on, you'll be referring to in your

    9 evidence the glass house, can you point out the area

    10 where the glass house is to the Trial Chamber, please?

    11 A. The glass house is this part here. So it is

    12 sort of a link between the administrative building and

    13 the restaurant. And partly it is without roof. This

    14 part here.

    15 Q. And which of the structures was referred to

    16 as the hangar building?

    17 A. These are hangars, this large facility here.

    18 Q. And the white house?

    19 A. The white house is this one.

    20 Q. And where is the area known as the Pista?

    21 A. This is Pista. This part and this part.

    22 Q. Thank you, Mr. Semenovic, you may return to

    23 your seat. I should state, Your Honour, we will be

    24 attempting now to reproduce, make photographs of each

    25 of the buildings, that we would attempt to use for

  89. 1 witnesses. I indicated this earlier in conversation to

    2 the defence. Based on our experience in Tadic, it can

    3 get difficult to use the model, but the model will be

    4 available, of course, any time for the Trial Chamber or

    5 the Defence, if necessary.

    6 All right, you indicated that when you first

    7 arrived at the camp you were first taken into the

    8 administrative building and your name was logged in.

    9 Where were you taken from there?

    10 A. I was taken into the white house after that.

    11 Q. And what happened to you once you were in the

    12 white house?

    13 A. They beat me.

    14 Q. Which room in the white house were you put

    15 into?

    16 A. Into the room on the left side, when you

    17 enter the first room on the left. The window of that

    18 room faced the Pista.

    19 Q. The men who beat you, did they say anything

    20 to you as they were beating you?

    21 A. Yes.

    22 Q. What did they say?

    23 A. First a civilian entered without the uniform,

    24 that person beat me and saying, "You were a member of

    25 the parliament." And after that person, another

  90. 1 soldier walked in, he beat me and saying, "Did you talk

    2 on TV, did you say something against the Serbian army

    3 on television? You are a member of the parliament."

    4 And then the next person again did the same. They were

    5 about a total of five of them. One civilian and four

    6 uniformed persons, but one by one. They didn't enter

    7 together, they entered one by one.

    8 Q. Did you know any of these people?

    9 A. I did know some from passing by, from

    10 before. And the person that was the civilian, I met in

    11 the following days in the glass house.

    12 Q. Did you know the ethnic group of those

    13 individuals? Could you determine the ethnic group of

    14 those individuals?

    15 A. The first person that was civilian was

    16 Bosniak Muslim. And the uniformed men were Serbian

    17 ethnic background.

    18 Q. Now, what did these individuals beat you

    19 with? Did they use any kinds of weapons or tools?

    20 A. Hands and batons and with their feet, with

    21 their boots. One had a baton. It was actually a metal

    22 stick and then a transparent water pipe, plastic was on

    23 that stick and then this is what he used to beat me.

    24 He was a shortish man with moustache, fat.

    25 Q. What type of injuries did you suffer as a

  91. 1 result of the beating?

    2 A. I fell down and then as I fell down, when I

    3 was on the floor, I was hit with a boot into the face

    4 by a soldier. I was completely covered with blood,

    5 very soon after that the blood was coming out of my

    6 mouth and nose. And then they stopped beating me and

    7 they called over an old man and asked him to clean me

    8 up. And he cleaned me with my clothes that I had

    9 on and that I had to take off at their, following their

    10 orders.

    11 Q. And did they say anything about what was

    12 going to happen to you next?

    13 A. After that, police came in and they took me

    14 towards the administration building again. And as we

    15 were exiting the white house and on our way to the

    16 administration building, soldiers started running

    17 towards me from various areas and they started beating

    18 me. But the policeman that was behind me, told them,

    19 "We've been told not to beat him while he is

    20 interrogated. You will have your chance later on."

    21 And then they left. They didn't beat me anymore and I

    22 was taken to the administration building upstairs

    23 again, into an office on the right side, I think it

    24 with was a third room on the right side.

    25 Q. Did you know the man who was to interrogate

  92. 1 you, did you know who he was?

    2 A. Yes, I knew him by sight. And I also saw him

    3 immediately prior to that on the bus that took me from

    4 Prijedor to Omarska. He sat in front of me, about

    5 three or four seats in front of me. Occasionally he

    6 would turn back. And he was an old man, a civilian.

    7 Occasionally he would turn back and when I saw him in

    8 that office room, I recognised him as the man from the

    9 bus. But at that point he already had an uniform on

    10 him.

    11 Q. What kind of uniform was he wearing?

    12 A. A military one.

    13 Q. And what was his name?

    14 A. Dragan Radakovic.

    15 Q. Do you know what he did before the war?

    16 A. Yes, I know. He used to be a director of the

    17 National Park, Kozara, Mrakovica. And later on during

    18 the interrogation, he confirmed that to me.

    19 Q. And what did he ask you about when you were

    20 put in the room?

    21 A. I was taken by policemen into that room. And

    22 immediately after them, a largely built man, policeman

    23 with a nickname Krkan entered and he stood there and

    24 Radakovic started interrogating me. And his first

    25 question was: "Have they beaten you?" That's what he

  93. 1 asked me. Then it was quiet and he repeated the

    2 question. And then I answered, "I don't know whether I

    3 should say that I have been beaten or not." And he

    4 said: "Why don't you say that you have been beaten.

    5 Look at you, you're all bloodied and your countryman

    6 beat you, didn't he?" And I answered, "Yes." And then

    7 he asked me, "Did somebody else beat you?" And I said,

    8 "I don't remember, because I fainted."

    9 Q. What else then did he say during the

    10 interrogation?

    11 A. He said afterwards, after this discussion, he

    12 said, "We are not interested in Prijedor. We are not

    13 interested in weapons. We know that you didn't have

    14 any. There was just a little bit of weapons and we

    15 know who had that. We're interested in Sarajevo. In

    16 Sarajevo", this is what he was saying as he was hitting

    17 the desk with his hand. And then he started

    18 questioning me about the people on leading positions in

    19 Bosnia and Herzegovina, Who did I saw last? Have I

    20 talked to any of these leaders? When that took place.

    21 Did I hear of any conversation between these leaders?

    22 What they were talking about. And he mostly insisted

    23 on questions concerning two Serb, high-placed

    24 officials, Miodrag Simovic, who was the Vice President

    25 of Bosnia-Herzegovina, and Miro Dragonovic (Phon).

  94. 1 They were still members of the government of

    2 Bosnia-Herzegovina. They had not left the government

    3 yet at that point. And this is probably why these

    4 people were so interested in them.

    5 Q. What was Dragan Radakovic's ethnic back

    6 ground?

    7 A. He is a Serb.

    8 Q. Now, the Bosnian Muslim who came in first to

    9 beat you, do you recall what his name was?

    10 A. His nickname was Besa, and I think his last

    11 name was Besic. The guards in the camp used him to

    12 make coffee. He would make coffee to them. He would

    13 clean their rooms. And often they joked with him. And

    14 as far as I could tell, they did not abuse him.

    15 Q. Did he receive special treatment or special

    16 favours from the guards?

    17 A. Yes, he was in the glass house. I know

    18 because I was taken into the same room the next day.

    19 And I had a conversation with this man called Besa. I

    20 pretended not to recognise him, but since his bed --

    21 actually my bed was right next to his because his was

    22 the last in that line, when I came into the glass house

    23 and hen he saw me, sort of lying down, he bent over me

    24 and he asked me, "Did they beat you?"

    25 Q. Were you beaten during the interrogation?

  95. 1 A. No.

    2 Q. And how long did the interrogation last?

    3 A. That day or the total?

    4 Q. That day.

    5 A. That day, it lasted, I believe around five

    6 hours.

    7 Q. And how many days thereafter were you

    8 interrogated?

    9 A. Six or seven days, I am not sure.

    10 Q. And during the time that you were at Omarska,

    11 did media personnel visit the camp?

    12 A. Yes. I think that that was the day before my

    13 last day when I came to the camp. I think maybe the

    14 8th day. It was unexpected. We just noticed in the

    15 morning that all the officers put on new uniforms.

    16 That the guards had their weapons, arms, in their hands

    17 and not hanging on their shoulders. That everybody was

    18 clean, the weapons were cleaned. We noticed on Pista

    19 that the military vehicles drove in with a larger

    20 number of officers in them. We also heard some

    21 shooting, but we -- we didn't conclude that it was some

    22 kind of a war action because the officers were laughing

    23 at Pista and talking between themselves. And then all

    24 of a sudden, a group of journalists walked into the

    25 cafeteria, into this restaurant. There were several

  96. 1 cameras that were recording, shooting everything

    2 around.

    3 And we noticed that the group of prisoners

    4 who had their meal at that point, they ate very

    5 slowly. And prior to entering the cafeteria, they were

    6 ordered to eat slowly and they had five minutes to eat

    7 their meal -- no, five minutes, this time they had five

    8 minutes and normally they had two minutes to enter.

    9 And this time they were eating very slowly and we

    10 observed the journalists talking to some of the

    11 prisoners.

    12 Q. Did the camp authorities approach you about

    13 giving interviews when the journalists were present in

    14 the camp?

    15 A. Yes.

    16 Q. And did you, in fact, give interviews to

    17 journalists in the camp?

    18 A. Yes. Zivko Ecim, a local journalist from

    19 Prijedor came to tape me and the police called me from

    20 the glass house and took me upstairs again in the

    21 administrative building and they said, "You will be

    22 taped now. And if you are taped, maybe you will remain

    23 alive." And then a journalist that I remember from

    24 Prijedor came into the room and he said, "Mr.

    25 Semenovic, this is a chance for you to --" no, he said,

  97. 1 "This is your chance to stay alive. You have to read

    2 this statement." He had a piece of paper with him.

    3 Q. How many interviews in total did you give to

    4 Serb media?

    5 A. Ecim filmed me twice and that day when the

    6 foreign journalists entered the camp, after they taped

    7 the cafeteria, the police came to the glass house,

    8 called me by name and took me upstairs to the

    9 administration building. And I saw all the journalists

    10 taping things down there and they brought me in front

    11 of the foreign journalists who refused to film me. I

    12 know that because the interpreter who was interpreting,

    13 that's how she put it. The police then took me to that

    14 same floor, to the lift further down the hall. There

    15 is a large hall in the administrative building and they

    16 told me to wait there and left a police officer to

    17 guard me. After a couple of minutes, some other

    18 officers came and some police officers too. And the

    19 team of journalists entered then. They were from the

    20 SRNA news agency. There was a journalist, a cameraman,

    21 and another person who was with the cameramen. In the

    22 meantime, this hall filled in with people. They

    23 probably wanted to observe me being filmed and being

    24 interviewed.

    25 Q. Now, during your interrogations, was there a

  98. 1 statement eventually prepared for you to sign?

    2 A. Yes, that's right.

    3 Q. Did Mr. Radakovic ask you about other

    4 prisoners in the camp? For example, Medunjanin?

    5 A. No, he did not question me about other

    6 prisoners in the camp, but he did mention some of them

    7 and asked me if I knew Anes Medunjanin. I said that I

    8 did know him. And then he said that he was a nice

    9 guy. That's what Radakovic said. He said, "I was

    10 surprised how much that guy knew about the Orthodox

    11 faith. He knows more about the Orthodox faith than I

    12 do about Islam and maybe even more than I know myself

    13 about the Orthodox faith. And I am amazed that an

    14 extremist such as his father, Becir Medunjanin could

    15 produce such a smart child." And he said "I will

    16 introduce you to Anes Medunjanin." And I said, "I did

    17 not know Anes personally because there is a big age

    18 difference. I knew his father." And then this

    19 conversation ended, this part of the conversation.

    20 Q. During the interrogation, did he talk about

    21 the position that Serbs had in other areas of Bosnia or

    22 the difficulties they were encountering?

    23 A. Yes. The second day of the interrogation,

    24 they mostly -- the questioning actually proceeded in

    25 this way: He talked and I kept quiet. He held those

  99. 1 long monologues and he would be speaking about things

    2 that had nothing to do with the war, about art. He

    3 said he had a degree from the Academy of Arts, that he

    4 was a sculptor. That he liked arts and poetry. And

    5 then he said to me, "This thing here is a hotel

    6 compared to how Serbs lived in some places where

    7 Muslims are in power." He said in Tuzla, "It's true

    8 hell for Serbs. All of them had been brought to the

    9 stadium. And the Muslim army, from the salty wells

    10 where the water, salty water is taken out to produce

    11 salt, they take the salty water out and they spray it

    12 on the grass in the stadium. And since it is very hot,

    13 it was in the summer, Serbs have to lick that salty

    14 water, which makes them even more thirsty and they die

    15 in great suffering."

    16 Q. Could we now run or prepare the tape to run,

    17 which should be the next exhibit in order, No. 15 --

    18 41, excuse me. Be Exhibit 41, Your Honour. And if we

    19 could have these transcripts of the tape distributed

    20 and marked as Exhibit 42. No, the witness doesn't need

    21 one, thank you.

    22 JUDGE MAY: Mr. Keegan, what is this tape

    23 that we're going to see?

    24 MR. KEEGAN: This tape has several segments

    25 on it, Your Honour. It had been previously provided to

  100. 1 the Defence. One including the Serbian interview of

    2 this witness in the Omarska camp. Could we run the

    3 first clip, please?

    4 (Videotape played).

    5 Q. Mr. Semenovic, have you had an opportunity to

    6 review this tape, which is Exhibit 41?

    7 A. Yes, I saw it here at the Tribunal.

    8 Q. And in this first part of the tape, is this a

    9 Serb press report which quotes Milomir Stakic as the

    10 mayor of Prijedor talking about the camps in Trnopolje

    11 and Omarska?

    12 A. Yes.

    13 Q. Could we proceed to the next segment, the

    14 next queue, please, it's 527.

    15 (Videotape played).

    16 Q. Mr. Semenovic, what is that that we're now

    17 seeing on the monitor?

    18 A. What you can see now is the restaurant, the

    19 mining complex cafeteria.

    20 Q. Is that the -- are those the prisoners eating

    21 the meal that you referred to earlier in your

    22 testimony?

    23 A. Yes, that's correct.

    24 Q. If we could forward to 8 minutes, 30

    25 seconds.

  101. 1 JUDGE MAY: Mr. Keegan, what is the purpose

    2 of this transcript that we're being given?

    3 MR. KEEGAN: This is an actual transcript of

    4 the tape. Rather than have the witness repeat

    5 everything on the tape, we thought it would be far more

    6 expedient to simply provide the transcript of exactly

    7 what's on the tape. And simply have him identify the

    8 various parts and some of the relevant parts of the

    9 tape such as the Omarska camp so that you don't have a

    10 video representation of it, his interview, who is

    11 conducting the interview, and then some of the Bosnian

    12 Serb leaders who are on the later segments of the tape,

    13 simply for identification purposes. And then we'll be

    14 submitting the actual tape and the transcript as the

    15 evidence.

    16 JUDGE MAY: Well, where am I supposed to be

    17 looking now at the transcript?

    18 MR. KEEGAN: Yes, Your Honour, this is at the

    19 bottom of page 3, we will begin there. Now, if we

    20 could run it back. Thank you, right there is good.

    21 Mr. Semenovic --

    22 MR. VUCICEVIC: Your Honour, I have an

    23 objection.

    24 JUDGE MAY: Just a moment. Let's just get an

    25 answer to that question. Who was the man on the tape?

  102. 1 MR. KEEGAN:

    2 Q. Being shown?

    3 A. This is Mr. Simo Drljaca.

    4 JUDGE MAY: Now, Mr. Vucicevic, what do you

    5 want to say?

    6 MR. VUCICEVIC: Just as the Court had

    7 difficulty following this transcript, I have the same

    8 difficulty because we have been given these tapes,

    9 about four days ago. And we have been getting two

    10 tapes everyday. Finally we received some tapes on

    11 Saturday, we didn't get because we couldn't get

    12 reviewed those two tapes. And I do not know whether

    13 this is a footage that we received a couple of days ago

    14 or not, just having one image on the screen. If the

    15 Prosecutor would like to play the whole film or, you

    16 know, substantial portion of it, so that we can

    17 identify that that's the film that we have received it,

    18 we don't mind it being admitted. And of course, you

    19 know the witness could testify to -- or parts of it.

    20 But the transcript, as I said, clip three as I look

    21 just right now, I can't recall that I ever saw that

    22 film because these names are strange to me, never saw

    23 them before, never heard of them.

    24 MR. KEEGAN: Your Honour, if I might?

    25 JUDGE MAY: Yes, Mr. Keegan.

  103. 1 MR. KEEGAN: This was given to the Defence a

    2 week ago, prior to this witness' testimony. We have

    3 the receipt. In addition prior to this session, I

    4 specifically asked the Defence if there was any

    5 objection to this tape. And the answer was, there was

    6 no objection. That he, he was talking about the tapes

    7 which we gave him this weekend that we don't intend to

    8 offer now and he said he hadn't reviewed. And

    9 we specifically spoke about this tape and he said, "No

    10 objection."

    11 JUDGE MAY: Mr. Keegan, I don't think I want

    12 to go through the discussions you've had outside

    13 court. I think it's not easy quite to follow what's

    14 happening. We'll allow you to go through this in the

    15 way that you want. But I think we're going to need

    16 some explanation. But it is right, is it, that the

    17 Defence have had all these tapes?

    18 MR. KEEGAN: Yes, Your Honour. And, in fact,

    19 I was simply trying to go as quickly as possible, given

    20 the prior remarks about trying to get through the

    21 evidence. But I am happy to go through the tapes more

    22 fully.

    23 JUDGE MAY: Well, do it the way that you want

    24 to, but just bear in mind that we have to follow. I am

    25 supposed to be looking at page 3; is that right, of the

  104. 1 transcript?

    2 MR. KEEGAN: That's right, Your Honour.

    3 JUDGE MAY: And an interview with Simo

    4 Drljaca.

    5 MR. KEEGAN: Drljaca, Your Honour.

    6 JUDGE MAY: Yes.

    7 MR. KEEGAN:

    8 Q. And if we could back it up to about the six

    9 minute mark and play it from there, please.

    10 (Videotape played).

    11 Q. Now, this would actually be on page 2, Your

    12 Honour, moving on to page 3, the one on page 2, you can

    13 see that the reporter is talking about arriving at the

    14 camp during lunch time. And then we move to page 3.

    15 And Mr. Semenovic, can you identify that

    16 individual who is in the centre of the frame there?

    17 A. Yes, it was Simo Drljaca, the police chief in

    18 Prijedor.

    19 Q. And is that him there on the left

    20 again?

    21 A. Yes.

    22 Q. Now, if we could forward to the queue No. 3,

    23 which is about 8 minutes, 30 seconds. And that would

    24 pick up then, Your Honour, on the bottom of page 3,

    25 "male reporter off camera." Thank you. Mr.

  105. 1 Semenovic, can you identify the people there?

    2 A. That's me here on this video.

    3 Q. And who is it that is conducting this

    4 interview of you?

    5 A. The interview is conducted by Dragan Bosonic,

    6 a journalist from the SRNA news agency and before the

    7 war he was a reporter at the Bosnian Herzegovina TV.

    8 Q. And do you know what current position he

    9 has?

    10 A. He is a high-ranking official of the SDS and,

    11 as such, he is the Deputy Foreign Minister of

    12 Bosnia-Herzegovina and he is also one of my superiors

    13 because I work for the Foreign Ministry. SDS officials

    14 still are able to work unless --

    15 JUDGE MAY: Just a moment, I don't know that

    16 this is going to assist us, what's happening now, is

    17 it, Mr. Keegan?

    18 MR. KEEGAN: Your Honour, it is, we believe

    19 relevant to the issue, as what we believe will be

    20 raised later in this case. The attitudes of the

    21 various groups towards the various ethnic groups and

    22 their willingness to be cooperative. So that is the

    23 nature of the evidence.

    24 JUDGE MAY: I shall need to be convinced of

    25 the relevance of any evidence about what's going on

  106. 1 today.

    2 MR. KEEGAN: Yes, your honour. If we could

    3 then continue with that segment, please.

    4 Q. Mr. Semenovic, during this interview, you are

    5 asked to explain how you came to the camp and the

    6 answer you indicate is that you came to the camp on

    7 your own, was that, in fact, the truth? Could you

    8 pause the camera there, please, the film.

    9 A. No, that was not the truth.

    10 Q. There are other questions in this interview,

    11 such as knowledge about priests or Imams providing

    12 weapons to people and you indicate in your answer that

    13 you had knowledge of such things, was that the truth?

    14 A. No.

    15 Q. Why did you give those answers then during

    16 this interview?

    17 A. Because I would have been killed if I had

    18 spoken the truth.

    19 Q. If we could continue with the film, please.

    20 (Videotape played).

    21 Q. What is that area now that we're seeing now

    22 on the film, Mr. Semenovic?

    23 A. This is the glass house.

    24 Q. That is the area in the camp in which you

    25 were held?

  107. 1 A. Yes.

    2 Q. Thank you, if we could now forward to the 4th

    3 queue.

    4 JUDGE MAY: What page in the transcript,

    5 please, Mr. Keegan.

    6 MR. KEEGAN: Yes, Your Honour. This would

    7 now be No. 6, on the 5th page of the transcript. Sixth

    8 page, excuse me, Your Honour. You'll see the male

    9 reporter in the middle of the page and male reporter

    10 off camera and talking about Trnopolje.

    11 (Videotape played).

    12 Q. Mr. Semenovic, can you identify that area

    13 that's being shown on the video?

    14 A. Yes.

    15 Q. What is that, please?

    16 A. That's the Trnopolje camp.

    17 Q. The building that's being shown there right

    18 now, just moving off the screen, what building was

    19 that?

    20 A. That was the local commune building and the

    21 primary school in Trnopolje. Also the old cinema

    22 theatre and to the left, that was the first thing that

    23 was seen on that shot, it's the warehouses of the

    24 co-op. They were in that area. The prisoners were all

    25 over the place in all those areas.

  108. 1 Q. If we could then move to 5th queue. And

    2 that, Your Honour, would be the section labelled Clip

    3 3, on the 18th page of the transcript.

    4 JUDGE MAY: Mr. Keegan, can I ask in future

    5 that these documents are paginated?

    6 MR. KEEGAN: Yes, Your Honour, they will be.

    7 I apologise.

    8 Q. Mr. Semenovic, can you identify that

    9 individual there?

    10 A. Yes, that's Dusan Kurnoga he is an official

    11 of the SDS in Prijedor.

    12 Q. And if we could now go to the next clip,

    13 which is Clip 4, Your Honour. It's the very next

    14 page.

    15 This segment, Your Honour, relates to the

    16 take-over of the transmitter, which has been referred to

    17 in evidence already, both by this witness and the prior

    18 witness.

    19 (Videotape played).

    20 Q. If we could --

    21 MR. VUCICEVIC: Your Honour, this is exactly

    22 the footage that I have not seen and I would like you

    23 to give us opportunity, perhaps, to review this later

    24 on this afternoon and indulge a little bit more to

    25 asking the witness about this. Not in relation to the

  109. 1 footage that is shown, but I don't know what else is on

    2 this tape.

    3 JUDGE MAY: Well, we'll allow the questions

    4 now and then you can have time, if you want it, after

    5 the adjournment, to review the matter.

    6 MR. VUCICEVIC: Your Honour, we have had

    7 technical difficulties, what Mr. Keegan has indicated

    8 because we were given maybe 15 tapes within the last

    9 five days. We're living out of the hotel. We don't

    10 have facilities to do this. It with was this -- we

    11 should have received them before. And like I was

    12 saying, we won't be able to review all of these tapes

    13 because there were two other ones that I didn't get a

    14 chance to look it over. And I don't know whether

    15 they're being introduced at all. What I am kindly

    16 asking for, latitude that we review these tapes later

    17 on this evening, and perhaps recall witness on this one

    18 perhaps tomorrow.

    19 JUDGE MAY: Yes.

    20 MR. VUCICEVIC: Thank you.

    21 MR. KEEGAN: Could we just move to 32

    22 minutes, 26 seconds, please.

    23 (Videotape played).

    24 Q. Mr. Semenovic, do you recognise that

    25 individual?

  110. 1 A. Yes, that's Vojo Kupresanin. He was the

    2 President of the Autonomous Region of Krajina. He was

    3 at the time.

    4 Q. And what role, if any, did he play in your

    5 removal from Omarska camp?

    6 A. He visited the Omarska camp a day after the

    7 visit of the foreign journalists. He sought some

    8 persons in the camp. And I was the only person that he

    9 was able to find out of the persons he was looking

    10 for. And he took me to Banja Luka under police

    11 escort. He was also looking for Mirza Mujadzic and

    12 Rasema Cero and he asked me if I knew where they were,

    13 since he hadn't been able to find them in the camp. I

    14 said I didn't know. And he said he wanted to put this

    15 all together because he had some plans. He also asked

    16 about my family members, where they were. I said that

    17 they were all abroad. He asked me if I had any

    18 relatives in Banja Luka? I said, yes. I did not dare

    19 to hide that fact since they already probably had that

    20 information. He took me to the municipality building

    21 in Banja Luka under police escort.

    22 Q. Mr. Semenovic, can you identify the man now

    23 being shown on the video?

    24 A. Yes, that's Mr. Srdjo Srdic, the President of

    25 the Serb Democratic Party in Prijedor.

  111. 1 Q. Thank you, that's all I have for the tape.

    2 Now, during your discussion, meeting with Mr.

    3 Kupresanin in the Omarska camp, did he indicate to you

    4 what the purposes of his visit was?

    5 A. No, he did not. However, during the

    6 conversation, the phone rang in the office across the

    7 room in which I was taken in. And a soldier came and

    8 told him that President Karadzic wants to speak to him

    9 on the phone. And Kupresanin got up and left to take

    10 the phone call.

    11 Q. Could you see him discussing on the phone

    12 from where you were sitting?

    13 A. Yes, I did. I saw him and I could hear what

    14 he was saying, what -- I could hear him clearly. He

    15 repeated several times that they need a lot of soaps,

    16 detergents, 300 beds, sheets and that they needed it

    17 urgently. If possible, during the day. That's what he

    18 requested. And he also said in the end, "I found only

    19 one."

    20 Q. Did he tell you -- did he have a discussion

    21 with you about what the role of the Serbs was at that

    22 time?

    23 A. Yes, when the police took me, and when

    24 Kupresanin walked into the room where I was, where I

    25 was waiting, he first introduced himself and said that

  112. 1 he remembered me from the parliament because we served

    2 there together. And then he said, literally the

    3 following: "This is all a plot from Vatican against

    4 Muslims, the Europe assigned to the Serbs, the role of

    5 the executors of the Muslims. It's time to undertake

    6 something." And this kind of political conversation, I

    7 just kept quiet because that was the situation. It was

    8 absolutely ridiculous for me to carry on political

    9 conversation. And, of course, I didn't dare join in

    10 because I didn't know what were his intentions. And I

    11 knew what my status was.

    12 Q. And from Omarska camp, where did Mr.

    13 Kupresanin take you?

    14 A. To Banja Luka and to the municipality

    15 building. We walked in that building, to his office

    16 that was on the first floor, on the right hand side.

    17 It was, maybe the second or the third door on the first

    18 floor on the right hand side. It was a large office

    19 consisting of two rooms. In the left room was a

    20 receptionist and in the room on the right, there was

    21 his -- another office and I was there when the officers

    22 whom he called upon came in and also some civilians

    23 that I did know from before. They asked me what I had

    24 eaten in the camp, how was the camp? And I mainly kept

    25 quiet because I was just lost in that situation. And I

  113. 1 remember that during that conversation, during that

    2 interrogation, the secretary called. And he said,

    3 here, the President needs to talk to you. And

    4 Kupresanin got up the take the call. And I was just

    5 maybe four metres away from him and there was just a

    6 door between us. There was a black telephone, the old

    7 kind of telephones, the ancient one. And I could hear

    8 the voice on the other end.

    9 Q. During the time that you were in the Banja

    10 Luka area, where did you stay?

    11 A. Kupresanin said that I will be put in some

    12 kind of an apartment or that I would be taken into a

    13 village. And if I remember correctly, it was the

    14 village called Kordvija (Phon), or something like

    15 that. He said it was a Serb village, but that

    16 I would be safe. And then later on they changed their

    17 decision, and took me to Ljubina, to my sister's house,

    18 and who lived in Ljubina, my sister and her husband, my

    19 brother-in-law. And then they talked to them and told

    20 them that I was not allowed to leave the house, that I

    21 had to be inside the whole time and that people could

    22 not, were not allowed to walk in and talk to me. They

    23 also said that I need to gain some weight and that they

    24 would bring some food. They said that they would bring

    25 in the clothes and I was told in the assembly that they

  114. 1 would give me the money and they even asked me what

    2 kind of women did I like? Blonde or brunettes?

    3 Because they said, "You will not be alone here. We'll

    4 get you a girl", this is what they said.

    5 Q. During the time you were in that area, did

    6 Mr. Kupresanin ask you to phone anyone or contact

    7 anyone?

    8 A. Yes, the following day the police came and

    9 took me into the municipality building. And they asked

    10 me to call Zenica and Tuzla. Because they tried to

    11 contact Zenica and Tuzla. However, on the other end no

    12 one would respond, they would just hang up. And they

    13 wanted me to contact these people on behalf of the

    14 Serbs, which I didn't dare do. And then they said,

    15 "Well, do you have any friends in Sarajevo, in

    16 Prijedor? Why don't you call them?" And I had to, in

    17 order not to jeopardise myself, I had to call some

    18 friends in Prijedor, whose telephone numbers I knew.

    19 However, nobody answered. And one friend's house, a

    20 member of the family answered the phone. However, the

    21 conversation was very brief because I didn't really

    22 have much to say. I only called -- I only called in

    23 order to obey and to fulfil something, at least some of

    24 the things that they requested me to do.

    25 Q. On one occasion were you brought to Banja

  115. 1 Luka for the purposes of meeting the President of the

    2 Serb Republic of Bosnia-Herzegovina, I should say?

    3 A. Yes.

    4 Q. And on that occasion, did you overhear a

    5 conversation between members of the SDS from Prijedor?

    6 A. Yes. Yes, I did. The police took me again

    7 into the municipality building and I was told that I

    8 would meet the President, Karadzic. On the radio I heard

    9 that day that Mr. Cyrus Vance and Lord Carrington were

    10 in Banja Luka that day. I was taken into the

    11 municipality building and there was a complete chaos

    12 inside, people were arguing. There was a huge

    13 argument. They were cursing at each other. They were

    14 cursing Karadzic's mother. They were saying something

    15 on abolishment of regions. They said he had the right

    16 to do so. And inside I also saw Mr. Srdjo Srdic and

    17 Mr. Stakic. At one point Srdic noticed me too. And he

    18 was already arguing with some people and then at that

    19 point, he approached me and he pulled me by my arm and

    20 he took me to those people. And he said, "Here

    21 Mevludin, why don't you confirm that I was never in the

    22 Omarska and Trnopolje centres." And then he faced

    23 these other people and he said, "I don't want to be the

    24 responsible party for the buses in Vlasic." I had no

    25 idea what he was talking about, however I just kept

  116. 1 quiet. At one point Stakic, passing by him, he

    2 approached this group and was shocked to see me there.

    3 And then he just instinctively said to me, "Hi,

    4 Mevludin, how are you doing?"

    5 Q. When did you finally leave the territory then

    6 known as the Republika of Srpska?

    7 A. January 15th, '93. Around January 15th or

    8 19th, I am not sure.

    9 Q. And prior to being able to leave, did you

    10 need some assistance from Mr. Kupresanin in getting

    11 documents in order to leave?

    12 A. Yes. Yes, in view of the fact what the

    13 International Red Cross agreed to assist, assist me in

    14 leaving this area, they asked that some kind of a

    15 personal ID of mine would be given to the Red Cross.

    16 Since I really didn't have any ID, and they couldn't

    17 put me on the list of persons without any kind of ID,

    18 the only thing that could be done was to obtain some

    19 kind of document from the police in Banja Luka or any

    20 other kind of authorities. And then the Red Cross

    21 contacted them. And then my sister had to go into the

    22 municipality and ask that some kind of ID be issued to

    23 me. They said it was not possible to do so and then

    24 one day later, a person from Banja Luka who was

    25 friendly with Kupresanin and had a conversation with

  117. 1 him and said they would give me some kind of ID --

    2 JUDGE MAY: Mr. Keegan, is this going to

    3 assist us?

    4 MR. KEEGAN: Yes, Your Honour, it will.

    5 JUDGE MAY: Let us have a copy of it then,

    6 please.

    7 MR. KEEGAN: It will be Exhibit 43.

    8 Q. Mr. Semenovic, do you recognise Exhibit 43?

    9 A. Yes, it's that certificate.

    10 Q. And on the certificate, who gave you the

    11 certificate?

    12 A. That certificate was issued by Vojo

    13 Kupresanin it was issued to his friend and then this

    14 friend, in turn, delivered it to me.

    15 Q. How does Mr. Kupresanin refer to Omarska in

    16 the last page of that document?

    17 A. He calls it a prison.

    18 MR. KEEGAN: That's all we have, Your

    19 Honour.

    20 JUDGE MAY: Is that your examination?

    21 MR. KEEGAN: Yes, Your Honour.

    22 JUDGE MAY: Thank you. Now, Mr. Vucicevic,

    23 do you want to make a start now or do you want to break

    24 before you -- you would like the break? Very well,

    25 quarter of an hour.

  118. 1 --- Recess taken at 3.18 p.m.

    2 --- On resuming at 3.36 p.m.

    3 JUDGE MAY: Yes, Mr. Vucicevic.

    4 MR. VUCICEVIC: May it please the Court?

    5 Q. Mr. Semenovic, my name is --

    6 JUDGE MAY: Mr. Vucicevic, your questions in

    7 English, please.

    8 MR. VUCICEVIC: Oh, I thought --

    9 Cross-examined by Mr. Vucicevic:

    10 Q. Mr. Semenovic, my name is Mr. Vucicevic, and

    11 I represent Dr. Milan Kovacevic in these proceedings.

    12 We have heard that you suffered a lot for the period

    13 that you testified and I personally regret what

    14 happened to you. I know how difficult it must be for

    15 you to recall and go through all of these events, but I

    16 will have to go -- just as a part of my professional

    17 duty as an attorney, is to go and examine you about

    18 some of these details. And, Your Honours, I do thank

    19 you for your latitude for allowing me to give a little

    20 introduction.

    21 Mr. Semenovic, you said in your testimony you

    22 were born in the Village of Srpska near Vlasenica.

    23 Where is that?

    24 A. It's a village called Srpska, in Municipality

    25 of Vlasenica, in the eastern part of Bosnia. I was

  119. 1 only born there and my parents moved in 1964 into the

    2 Prijedor Municipality. And from the age two I have

    3 been living in Prijedor.

    4 Q. When you said that your parents moved to the

    5 Prijedor Municipality, is that in the city of Prijedor

    6 itself or any of the villages or hamlets?

    7 A. First they moved into the village of Rizvanovici

    8 in the village of Prijedor. And that's where we lived

    9 for about seven years. And, after that, my father got

    10 the job in Kozarac in the village of Brdjani and then

    11 we moved into Brdjani and spent the next years there.

    12 After that, my father got a job in Trnopolje and then

    13 we lived in Trnopolje up until the war.

    14 Q. Where did you finish high school?

    15 A. High school Esad Midzic in Prijedor.

    16 Q. Did you go the Tuzla to study mining

    17 immediately after finishing your high school?

    18 A. No, first I went into the army. I served the

    19 mandatory army service that every healthy male had to

    20 serve. And then, after the army service, I went to the

    21 university in Tuzla.

    22 Q. Military in the town of Leskovac, Republic of

    23 Serbia, did you spend all of your time in Leskovac?

    24 A. Yes.

    25 Q. You also testified that you were assigned to

  120. 1 the artillery unit?

    2 A. Yes.

    3 Q. Could you tell me, what was your rank?

    4 A. I didn't have a rank. Towards the end of my

    5 military service, I was a private, but it wasn't a

    6 high, high-ranking position.

    7 Q. Were you assigned to the artillery unit from

    8 the very beginning or there was some boot camp or

    9 preparatory training for the service?

    10 A. In the JNA, all the young men who joined the

    11 army who go on to the military service, they all go

    12 through the training that lasts for several months.

    13 And then after the training is completed, they are

    14 stationed in the barracks and the training really

    15 specialises privates for certain duties in the

    16 Yugoslavia National Army.

    17 Q. And you were prepared as a specialist for the

    18 artillery unit; is that correct?

    19 A. No, I was just a plain soldier in the

    20 artillery. I wasn't a specialist.

    21 Q. What were your duties as the private soldier

    22 in the artillery unit? As you said, you were not a

    23 specialist then.

    24 A. I was a private soldier, so I did not have

    25 any commanding authorities. My -- I was part of the

  121. 1 crew in the Howitzer of one of 5 millimetres. They had

    2 a person who was targeting and then they had the other

    3 crew members that were providing the ammunition. I was

    4 part of this crew for a while. And then, I was for a

    5 while, I was a gunner on the Howitzer 105 millimetres.

    6 Q. How long -- strike it. Have you performed

    7 all of these duties in your unit that you have just

    8 described?

    9 A. Every soldier did that because all of the

    10 privates had to go through certain stages, you know,

    11 learning how to use the weapons. You know, everybody

    12 had to go through the training and gunning and in

    13 placing the Howitzers. And then, towards the end, each

    14 would be assigned a certain role. And then when we had

    15 training, we knew well in advance who would have what

    16 role, who would be the gunner, who would be putting in

    17 the ammunition and all that.

    18 Q. How long of a time span did you spend as the

    19 fellow who was bringing the ammunition to the gun? Or

    20 how much time did you spend as the soldier who was

    21 charging up the gun and how much time did you spend as

    22 the aiming soldier?

    23 A. Just like any other soldier, the training was

    24 set up in such a way so that each soldier in the

    25 artillery had to learn all of these operations. And

  122. 1 then at the end of the training, you would get a

    2 military speciality and I was the gunner. This duty

    3 was awarded to me at the end of the training, through

    4 which all of the privates that are member of the

    5 artillery units go through.

    6 Q. In order to get this certificate that you are

    7 an aiming soldier on the gun, how much training did you

    8 have to have and what was the scope of your training?

    9 A. The training covered all basic military

    10 aspects, the aiming, the targeting, what to do in case

    11 of nuclear attack, nuclear explosions, how to take

    12 positions.

    13 Q. How many soldiers were in the basic artillery

    14 units?

    15 A. Do you mean my unit? In Howitzer unit -- no,

    16 platoon is a larger unit. The elementary one is a crew

    17 of five persons that serve the Howitzer one of five.

    18 And larger calibres have larger crews, if I remember

    19 correctly.

    20 Q. And what was the rank of the commanding

    21 officer of the few Howitzers that were comprising one

    22 unit? What was the rank of the officer who was

    23 commanding you?

    24 A. Captain.

    25 Q. Do you remember the name of the captain that

  123. 1 was your training officer at that time or commanding

    2 officer?

    3 A. His nickname was Djuro, I don't remember his

    4 name. I served in the army in 1982.

    5 Q. Do you remember the names of any other lower

    6 ranking commanders in your unit besides captain?

    7 A. It was the Corporal Kovac. I remember some

    8 of the nicknames, but not the names because it was a

    9 mixed nationality situation. There were Macedonians,

    10 Slovenians --

    11 Q. Besides doing your regular duty, camaraderie,

    12 friends, staying together after the official hours of

    13 exercise have passed?

    14 A. No.

    15 Q. So you haven't made any friends at all, you

    16 just spent all the time in the army for two years just

    17 by yourself?

    18 A. The military service was one year long, not

    19 two. And, of course, during the service, we have made

    20 friends, which is normal. But I have already mentioned

    21 that the people where from Macedonia, Slovenia, Serbia,

    22 and later I didn't travel to Slovenia for many years

    23 and neither did I travel to Macedonia, so most of these

    24 people I've never met them again.

    25 Q. I'm asking, Mr. Semenovic, maybe you're not

  124. 1 getting my question correctly, have you made any

    2 friends with these young men, regardless of what former

    3 part of Yugoslavia they were, just at that time, did

    4 you make any friends, not whether or not you maintained

    5 the friendship throughout the years later?

    6 A. Yes, all of us in the unit, we were all

    7 friendly with each other. We had, after the training,

    8 we had certain spare time and, of course, after that,

    9 we did socialise.

    10 Q. You slept in the same bedroom, big bedrooms.

    11 How many soldiers slept in that bedroom together?

    12 A. Somewhere about fifteen.

    13 Q. And you and your fellow soldiers also ate in

    14 the same cafeteria, didn't you?

    15 A. Yes, there was a central cafeteria for the

    16 barracks and all the soldiers ate there.

    17 Q. And all of you ate the same food, didn't

    18 you?

    19 A. Yes, everybody was offered the same food.

    20 People ate what they liked and some people -- people

    21 ate what they wanted.

    22 Q. Have you heard any jokes, at that time, for

    23 any of the soldiers refusing to eat certain foods?

    24 A. I don't know about that. I know for myself,

    25 I did not see what other people, I was not interested

  125. 1 in what other people ate or did not eat.

    2 Q. Did anybody joke because -- strike it. Have

    3 you refused to eat certain foods at that time that were

    4 offered to you as a part of the regular meals?

    5 A. I ate what I wanted to eat from the food that

    6 was offered to me. And those things I did not want to

    7 eat, I just left them. If I didn't like the food that

    8 was prepared, I would only eat the first meal, the

    9 appetiser and some fruit and that was enough for me.

    10 Q. Certain foods on religious grounds?

    11 A. I did personally.

    12 Q. Did any of your fellow soldiers make fun of

    13 you or make any jokes because you practice your

    14 religion?

    15 A. I can't recall.

    16 Q. You are a religious man, aren't you?

    17 A. Yes.

    18 Q. And making mockery of somebody's religion, or

    19 religious practice is indeed a serious matter to the

    20 true believer, isn't it?

    21 A. I don't understand the question.

    22 Q. I'll move on to the next line of

    23 questioning.

    24 You said that when you came back from the

    25 military, you enrolled to the university in Tuzla.

  126. 1 Have you obtained a degree, an engineering degree from

    2 mining from the University of Tuzla?

    3 A. Yes.

    4 Q. And could you tell me, what were the

    5 employment that you held later on from the time that

    6 you graduated through beginning or middle of '89?

    7 A. After I graduated, actually after I had

    8 listened to all the courses, but before I graduated, my

    9 father died and I had to start working in order to feed

    10 my family because my sister studied at the same time

    11 and we planned that she should graduate first and then

    12 she should get a job, which would allow me to

    13 graduate. For about a year, I was employed by a

    14 private employer. I actually worked with my friends,

    15 we processed wood, timber, and we sold the products

    16 that we manufactured. At the same time I studied and I

    17 also passed all the exams that I had to and I was

    18 writing my thesis.

    19 Q. And did you graduate soon thereafter or --

    20 and obtain some other job, that is, that you were

    21 professionally qualified for?

    22 A. No, I graduated later. I had this job and

    23 that is how I -- I graduated later in '95. I had

    24 passed all the exams, but the events that we have been

    25 discussing here took place, so I defended my thesis

  127. 1 formerly in '95.

    2 Q. Just so I would have the time perspective

    3 here, when did you finish your prescribed courses, as

    4 you said, what year was that?

    5 A. '88.

    6 Q. Have you had any other jobs throughout '88

    7 and '89?

    8 A. No, I was not employed by the state. I

    9 stress again, I studied at home and passed my exams

    10 and, at the same time, I worked, because I had to

    11 support my family and my sister who was at the

    12 university at the time.

    13 Q. All what I am trying to find out, when did

    14 you get into the university, when did you get the first

    15 job and what other jobs you had. If you could just try

    16 to put it to me as plainly as possible. Because I am

    17 not trying to make it difficult. I am just trying to

    18 find out, what were your life experiences?

    19 A. Having served in the national service, I

    20 finished that in 1983, so after 1983, I studied in

    21 Tuzla. I attended -- I finished attending all the

    22 courses in '88.

    23 Q. Have you had any state jobs after finishing

    24 the university besides that private enterprise, small

    25 business that you worked for?

  128. 1 A. Yes.

    2 Q. What kind of a state positions, state jobs,

    3 have you held?

    4 A. I had several jobs in the Ministry of Foreign

    5 Affairs.

    6 Q. Is that something that you have done after

    7 these events of 1992? I am not looking into what he

    8 has done after 1992, I am just looking before all these

    9 events happened. I just want to limit this.

    10 A. In the period before 1992, I held the

    11 position in the parliament. And pursuant to a decision

    12 of the parliament, I was made into a professional. I

    13 gained a professional status. It was in the beginning

    14 of 1992.

    15 Q. That you received by the decree of the

    16 parliament?

    17 A. That the function of the member of the

    18 parliament is a -- has a professional status because

    19 the law enabled us to do so. There were certain

    20 members of the parliament, who were there as

    21 professionals. That means that they were paid for the

    22 job that they did.

    23 Q. Any members of the parliament that were not

    24 declared as professional men that did some other jobs

    25 and were doing their political duties as the members of

  129. 1 the parliament part-time?

    2 A. Yes.

    3 Q. I am bringing you now to the second half of

    4 1989. You testified that in Tadic's case that you

    5 participated, and I am directing, Your Honours, if it

    6 would be any help, page 892, and it's line 4. I

    7 participated in the foundation of the Party of

    8 Democratic Action. Could you tell me, how did you get

    9 an idea to pursue this political activities? Was it

    10 your own or somebody suggested to you, Mr. Semenovic,

    11 let's proceed with this?

    12 A. It was my idea. And I joined these

    13 activities in 1990 and not in 1989 as you suggested.

    14 Q. So, tell me, how did you get keyed in, as I

    15 am using your term, or came on board. Your Honours, I

    16 am listening to the witness and getting, you know, the

    17 questioning I am not looking at the -- maybe I should

    18 -- how was it translated, so I can help you exactly

    19 you know, with terminology.

    20 Well, how did it come about that you began to

    21 participate in the political activities?

    22 A. I wanted to join the process, which I saw as

    23 an opportunity for the democracy to come to this area

    24 where we lived because we had watched these processes

    25 take place in the neighbouring countries.

  130. 1 THE INTERPRETER: Could the counsel please

    2 wait until the end of the interpretation.


    4 Q. Who did you get together in order to start

    5 the political cell in Prijedor?

    6 MR. KEEGAN: Sorry, to interrupt, Your

    7 Honour, there is a request from the translators to

    8 allow the translator to finish with the answer before

    9 the counsel begins again. It would be helpful for you

    10 to wear the headphones and then you can hear when

    11 they're done because it is difficult. We don't get the

    12 answer, the full answer, because he talks over and they

    13 have to stop.

    14 MR. VUCICEVIC: Your Honour, I'll pause, with

    15 the headphones, I feel a little restricted when I am on

    16 my feet.

    17 Q. Mr. Semenovic, all what I am trying to find

    18 out, a few friends, a few associates that you got

    19 together and in starting a political movement that you

    20 just, whose goals you just described.

    21 JUDGE MAY: What was the question?


    23 Q. Mr. Semenovic, all what I am trying to find

    24 out, who are the few friends and few associates that

    25 you got together and started a political movement with

  131. 1 the goals that you just described? Who are those

    2 friends? Who are those individuals?

    3 A. These were my friends who shared the same

    4 ideas with me in the Municipality of Prijedor. When we

    5 saw that parties were being formed, we decided to join

    6 in in the process. And we formed the steering

    7 committee for the formation of the SDA in Prijedor.

    8 Q. Initiating committee of the SDA in Prijedor?

    9 A. It was myself, Nijaz Kapetanovic, Dr. Iljas

    10 Music, Becir Medunjanin, Islam Bahonjic, Husein

    11 Bahonic, Jusuf Delkic, Hamid Saftic.

    12 Q. Do you recall when you met for the first time

    13 and established the initiating committee?

    14 A. We met for the first time and discussed this

    15 topic in a cafe in Prijedor. We called it Dzavidova

    16 Cafe. It's an old Bosnian cafe. This is the first time

    17 when we discussed this idea.

    18 Q. Do you remember when was it?

    19 A. It was in July, 1990.

    20 Q. What did you decide then and how did you

    21 follow on your conclusions?

    22 A. The programme of the SDA was acceptable to

    23 us, we were able to read about it in the papers. We

    24 decided that one of us should travel to Sarajevo and to

    25 ask for the materials from a representative of that

  132. 1 newly formed parties so that we can study the

    2 materials. And if we realise that they were in

    3 agreement with our ideas, that we should join the party

    4 and form a branch office of that party in Prijedor.

    5 Q. (No microphone).

    6 A. It was in the second half of May. In early

    7 June it was registered. I think it was registered in

    8 the first half of June in 1990. I can't recall the

    9 exact date, but I think it was thereabouts.

    10 Q. Do you know who were the founding officers of

    11 the SDA in Sarajevo?

    12 A. I knew about some of them and for others I

    13 did not know. I remember some names.

    14 Q. (Microphone not on).

    15 A. There was Mr. Alija Izetbegovic, he was one

    16 of the founders. Savet Isovic, he was a singer, a

    17 well-known person.

    18 Q. That you remember of?

    19 A. Some other persons whose names I learned from

    20 the press, from the media, and I did not know a lot

    21 about them beforehand.

    22 Q. Have you read anywhere about the programme of

    23 this newly established SDA from Sarajevo?

    24 A. Yes.

    25 Q. The programme was everything that you

  133. 1 testified yesterday, isn't it?

    2 A. I did not testify.

    3 Q. The last day when you were in court.

    4 A. I don't understand the question.

    5 Q. A few days ago, on Wednesday, you were here

    6 testifying for the Prosecutor's case in chief and Mr.

    7 Keegan was asking you about the programme of the SDA

    8 and now I am asking you, did you say and stated

    9 everything that you knew about SDA programme at that

    10 time?

    11 A. What time are you referring to? What

    12 period?

    13 Q. May, June of '90, about the programme of the

    14 SDA at that time. Or, perhaps, your testimony referred

    15 to some other programme or some other time.

    16 A. No, that portion of my testimony did refer to

    17 the programme, to the basic elements, but the programme

    18 of the party was very broad. And you could talk about

    19 it for a long time.

    20 Something else too, the basic guidelines of

    21 the parties, of most of the parties in Bosnia and

    22 Herzegovina were practically the same, market economy,

    23 human rights, full national and religious

    24 freedom, freedom of the press and so on.

    25 Q. Do you know when was the SDS established in

  134. 1 Prijedor established and where?

    2 A. I think it was founded in the end of August

    3 or beginning of September. And the constituting

    4 assembly was held in the sports hall in Prijedor. And

    5 I was there at the constituting or founding assembly.

    6 Q. Mr. Semenovic --

    7 A. 1990.

    8 Q. So, your testimony is that the SDS was formed

    9 a few months after SDS -- after SDA was formed in

    10 Prijedor; that's correct?

    11 A. No, SDA in Prijedor was founded on the 17th

    12 of August and you asked me when it was founded in

    13 Sarajevo. As I said, in Sarajevo, it was founded in

    14 June. That is when it was officially registered. The

    15 steering committee of the party of the SDA party in

    16 Prijedor was formed, as I have already said, in July.

    17 But the facts of the founding -- but legally speaking,

    18 it's the moment when the founding assembly was held and

    19 that was in August. In a brief period, both the SDS

    20 and the SDA were established in Prijedor.

    21 Q. You just stated a few minutes ago that you

    22 were present at the founding assembly of the SDS in

    23 Prijedor; am I correct on that one?

    24 A. No -- yes, that's correct, I was present at

    25 the founding assembly, that's right.

  135. 1 Q. And were you invited to that founding

    2 assembly by the SDS?

    3 A. Yes.

    4 Q. Who invited you?

    5 A. The collective leadership of the Party of

    6 Democratic Action was invited. The main officials of

    7 the party, the SDS invited the SDA and that's how we

    8 were there.

    9 Q. SDA was formed before SDS in Prijedor?

    10 A. I think it is shortly before SDS, if I

    11 remember correctly.

    12 Q. You observed the founding assembly of SDS in

    13 Prijedor, didn't you?

    14 A. Yes.

    15 Q. Their goals were freedom of the press,

    16 privatisation of the economy, freedom of religious

    17 expression, human rights, just as were the goals of

    18 SDA; isn't that correct?

    19 A. Yes, that's what they declared in public.

    20 These were their public positions that they took.

    21 Q. At that time, you found them, you, yourself,

    22 you found them and, indeed, a natural ally to overturn

    23 the communist government which was in power for

    24 proceeding 45 years; isn't that correct?

    25 A. Yes.

  136. 1 Q. And you have cooperated with the SDS officers

    2 in the pre-election campaign?

    3 A. Yes.

    4 Q. You also testified, the only time that you

    5 saw the accused was at the meeting where the poster was

    6 discussed; isn't it true?

    7 A. That was the first time that I saw him. That

    8 was not the only time, however.

    9 Q. And at that meeting, could you just remind

    10 me, where was the meeting held?

    11 A. In the new hotel in Prijedor, upstairs.

    12 Q. Was it -- to the best of my recollection,

    13 there is a big dining hall on the floor on the Prijedor

    14 hotel; isn't that true?

    15 A. Yes, it was to the left of that hall. When

    16 you look from the beginning of the hall where the band

    17 played, to the left there is a corridor and there are

    18 offices there in that corridor. The doors of that

    19 corridor are to the left, the first, second, third

    20 door. And the meeting was held in the first office to

    21 the left.

    22 Q. When you got to the meeting, was Dr.

    23 Kovacevic already present in that room?

    24 A. Yes. Yes, because they had a meeting of

    25 their own before that. That's what it had seemed to

  137. 1 me.

    2 Q. How many of -- how many men were in that room

    3 before you arrived there?

    4 A. Ten to twelve men, I think there were twelve

    5 of them. At any rate, there were many and we had

    6 expected only two of them to be there. I think there

    7 were ten or twelve of them because the whole side of

    8 the table, it was a long table, it was full of people.

    9 It was a table where people could sit on both sides.

    10 Q. You were expecting to see only two

    11 representatives from the SDS; that's correct?

    12 A. Yes, that's what the arrangement was.

    13 Q. And the new hotel in Prijedor is basically

    14 the biggest hotel in Prijedor, right?

    15 A. Yes.

    16 Q. And the people, when they go out, quite often

    17 go to new hotel in Prijedor?

    18 A. Some people went to the new hotel, some

    19 people went somewhere else, wherever they wanted to

    20 go.

    21 Q. During the discussion about the poster, my

    22 client, Dr. Kovacevic, has made the remarks that the

    23 name "Yugoslavia" should be on the poster; isn't that

    24 correct?

    25 A. Yes.

  138. 1 Q. And isn't it true that, at that time,

    2 Yugoslavia was an official country, intact country and

    3 country of which all of you were the citizens?

    4 A. Yes, but we were now preparing for the

    5 elections in the Republic, not at the federal level.

    6 These were the elections for the authorities of the

    7 Republic and the poster had to do with the elections

    8 for the Republic, not for the federal level, for the

    9 area of all of Yugoslavia.

    10 Q. Isn't it true that Yugoslavia had principles

    11 of equality of nations up to that time?

    12 A. Yes, but it had nothing to do with the

    13 poster. We had the republic elections, some republics

    14 had already conducted the elections. And then the

    15 election in Bosnia followed. We were making the poster

    16 for the pre-election campaign in the Republic.

    17 Q. Not results of the elections in the other

    18 states, but what was happening at that time when you

    19 were preparing for the election in Bosnia? Since Dr.

    20 Kovacevic insisted that the word "Yugoslavia" would be

    21 enclosed, indeed, that could reasonably assume that he

    22 was concerned about equality of the nations. The

    23 principle that you just said existed in Yugoslavia,

    24 just one of the reasonable conclusions. Is it possible

    25 to conclude that? There might be some other

  139. 1 conclusions, but that's one of the conclusions?

    2 A. We understood that and we put the word

    3 "Yugoslavia" on the poster and we accepted the

    4 position of the Serbian Democratic Party.

    5 Q. As a matter of fact, this coalition between

    6 SDA and SDS was indeed so strong, that there was an

    7 agreement made ahead of the election how to divide the

    8 power in the case of victory; isn't it correct?

    9 A. Yes, on the level of the leadership of the

    10 party leadership, there was an agreement. I am not

    11 quite certain as to the content of the agreement, but

    12 immediately after the elections, the principles of the

    13 allocation of power were defined in a written form and

    14 the parties even have a written agreement on the

    15 percentage of allocation of power.

    16 Q. In order to win the election in Bosnia at

    17 that time, one party, as I understood the government,

    18 one party must have more than 50 per cent of the

    19 aldermen on the municipal level; isn't that so?

    20 A. They had to have over 50 per cent of the

    21 votes in order to create the government on their own.

    22 Q. So, therefore, it is unfair to state that SDA

    23 won elections in Prijedor, is it?

    24 A. No, it is not unfair. It is a correct

    25 statement in accordance with the election law that was

  140. 1 in force at that time, the party who took most of the

    2 votes won the election. If it happened to be 20 per

    3 cent and all other parties, and there were a lot of

    4 them had 5 per cent, then the party that got 20 per

    5 cent of the vote was the winning one. So the party, as

    6 I said, was the majority of the percentage of votes.

    7 The other problem is that with only 20 per cent of the

    8 votes, that party could not create a government on its

    9 own. That's a separate issue. But, as the law

    10 regulates, only the party with more than 50 per cent of

    11 the votes can create a government on its on.

    12 Q. And testify on the accuracy or anachronism on

    13 the sum of the laws that existed in the communist

    14 Yugoslavia, didn't you?

    15 MR. KEEGAN: Your Honour, I am sorry to

    16 interrupt, but it's happened about four or five other

    17 occasions, where Mr. Vucicevic is beginning his

    18 questions again before the translation of the answer

    19 has finished and we have been unable to get complete

    20 answers from the witness in translation. So I would

    21 just appeal if you would at least either put on the

    22 headphones or watch the screen more carefully, so we

    23 can get complete answers before the next question

    24 begins.

    25 MR. VUCICEVIC: I apologise, Your Honour, I

  141. 1 will try to observe the screen.

    2 THE WITNESS: The election law was quite

    3 clear, there was no an anachronism or confusion in the

    4 law itself.


    6 Q. Mr. Semenovic, the leadership of your party

    7 could have made a deal with, with the other parties

    8 besides the SDS and achieve the electoral victory, but

    9 found them unsuitable. Why were those parties

    10 unsuitable for coalition for the officials of your

    11 party?

    12 A. We didn't want to enter the coalition with

    13 the Communist Alliance and all the other parties that

    14 emerged from the alliance of communists.

    15 Q. We will proceed now, after the election. The

    16 elections were held and the main responsibility of the

    17 parties was to form the municipal government. You

    18 testified there was no difficulties in selecting the

    19 mayor, the deputy mayor, the president of the executive

    20 board; isn't that correct?

    21 A. Yes, that's correct.

    22 Q. Of the executive board, two of them. All of

    23 these positions--

    24 A. Yes.

    25 Q. --had to be confirmed because those mayor and

  142. 1 deputy mayor are elected positions, they were elected

    2 as the aldermen and then elected by their constituents,

    3 but all of these positions had to be confirmed by the

    4 municipal assembly; isn't that correct?

    5 A. Yes.

    6 Q. And all of these officers were confirmed by

    7 the unanimous votes of the coalition alderman?

    8 A. I can't recall if the election was unanimous,

    9 but the assembly did confirm the president that were

    10 elected.

    11 Q. Were you a guest, perhaps, at the

    12 inaugural assembly or the founding assembly of the

    13 first three municipal assembly in Prijedor, perhaps

    14 could have been in order?

    15 A. Yes.

    16 Q. Do you recall seeing a single SDA alderman

    17 voting against the slate for the officers?

    18 A. I don't recall --

    19 Q. I'm sorry?

    20 JUDGE MAY: Let the witness finish.

    21 THE WITNESS: I was present as a guest in the

    22 first row and I didn't look back to see who was voting

    23 and who isn't.


    25 Q. Were the votes officially posted or announced

  143. 1 by the presiding officer?

    2 A. Yes, they were.

    3 Q. We will move on to the distribution of

    4 power. And you said that the difficulties arose with

    5 the appointment of the chief of police; isn't that

    6 correct?

    7 A. Yes, I stated that as an example, as a very

    8 good example, and this arose with respect to several

    9 positions, not just the position of the chief of

    10 police, but this issue itself was the most obvious with

    11 respect to the chief of police.

    12 Q. Could you describe the procedure at that time

    13 by which the head of police is being appointed?

    14 A. The chief of police at that time after the

    15 coordination concerning the candidates among the

    16 political parties, the chief of police was appointed by

    17 a formal decree of the Minister of Internal Affairs, if

    18 I remember correctly, but only after the coordination

    19 among the parties concerning the candidates and

    20 confirmation that they are in agreement concerning the

    21 candidates in accordance with the allocation of power

    22 among the parties.

    23 Q. The electoral victory, you have testified

    24 that you promised to your voters, to your supporters if

    25 you win that you should appoint a head of police; isn't

  144. 1 that correct? You testified to that fact?

    2 A. I stated that as one of the examples of the

    3 pre-election promises, and there were many pre-election

    4 promises, just like in every campaign, but people

    5 expected that because for decades they didn't have an

    6 opportunity to see a Bosniak, a Muslim on that post.

    7 Q. You have testified, and I will specify the

    8 language, tomorrow the line and the page, but you have

    9 testified and used the word, therefore, 45 years, the

    10 heads of police have been Serbs. To my previous

    11 answer, you said there was no Bosniak Muslims, but you

    12 have said that those were Serbs, haven't you?

    13 A. Yes, as far as I know, I said -- I stated

    14 what I knew based on the information that I had. Of

    15 course, I was born in 1962 and I have been living in

    16 Prijedor since 1964. I don't know what happened in the

    17 40s and in the 50s, but from what I heard from the

    18 elderly and from the time when I was born and I was

    19 aware, I know that it was always the Serbs that held

    20 that position.

    21 Q. Pre-electoral campaign, you have spoken about

    22 Serbs having this power position for 45 years, haven't

    23 you?

    24 A. No, I didn't give that example. We never

    25 used those terms during the pre-election campaigns. In

  145. 1 fact, we didn't analyse that from the nationalistic

    2 example. We sincerely wanted to go beyond that

    3 communist stage and to enter the democratic society

    4 that we have witnessed in the countries around us.

    5 People travelled and they know that in other countries,

    6 people live better, they have more freedom in the

    7 democratic countries. And that's just what we wanted.

    8 We wanted to seize the monopoly of one party of the

    9 league of communists. And always during the

    10 pre-election campaign, this is what we stated because

    11 that is exactly what our intention was.

    12 We didn't specify what nationalities had what

    13 posts. Simply, that wasn't what we cared about at that

    14 time. We had the same view, the same position towards

    15 Bosniak and Serbs, we simply made a distinction based

    16 on what position people held. And we wanted the people

    17 to be free to elect their own parties, their own

    18 people, and to follow the programmes that they wished

    19 to follow and to establish the government on this

    20 democratic principle where there just wouldn't be one

    21 party, but multiple parties.

    22 Q. But, indeed, if one takes what you just said

    23 on its face value, it wouldn't have made any difference

    24 whether the chief of police was Serb, Muslim, Serb

    25 communist who declared themselves a Yugoslav or a

  146. 1 Muslim who didn't practice and declared him Yugoslav,

    2 it really wouldn't matter, would it?

    3 A. It would matter and for the following

    4 reasons: The factual situation in Prijedor

    5 Municipality during the communist regime was such that

    6 it was mostly the Serbs that held high positions. For

    7 example, Prijedor, I think, had 19 public companies.

    8 And in 18 leading managing positions -- in 18

    9 companies --

    10 Q. As the political appointee, you're going into

    11 the economy. I mean, if you can stay on this one, on

    12 the political appointee and the chief of police. If

    13 you could answer my question.

    14 A. This is exactly what I am talking about. I

    15 wished to say the following: People understood,

    16 realised, that if we gained the opportunity to have the

    17 multiple party, democratic system, then in the national

    18 respect, the power will be balanced, allocated in a

    19 balanced way. There wouldn't be a situation where we

    20 would have 18 Serbs on leading positions and only one

    21 Bosniak and this is the issue that we raised during the

    22 pre-election campaign.

    23 Q. How do you find somebody to be a Serb?

    24 A. We know based on their name and last name.

    25 There is a clear distinction there. And also, whether

  147. 1 they're religious, we know whether they go to the

    2 church or to the mosque and also people in certain

    3 situations state openly their views.

    4 Q. Basically, I would like to narrow this

    5 question a bit more. Is a Serb being born into the

    6 religion an ethnicity, or there is some other

    7 requirements or criteria?

    8 A. I don't understand the question. I am a

    9 Bosniak, a Muslim, and I know that I was born as such.

    10 What you asked, I didn't understand that.

    11 Q. Do you think that -- does definition, a Serb,

    12 include a man who was born with a Serbian first name

    13 and last name, but who doesn't practice Orthodox

    14 religion, is that a Serb?

    15 A. For me, a Serb is a person that states openly

    16 that he or she is a Serb. We in Bosnia make this

    17 distinction among ethnic background very well. It's a

    18 matter of personal choice. They were people who were

    19 -- who were of a certain nationality, but they stated

    20 that they were Yugoslavs. And, among Yugoslavs, the

    21 majority, at least this is what the statistics showed,

    22 the majority of Yugoslavs were Bosniak Muslims.

    23 Q. Could it perhaps be that any of the police

    24 chiefs in Prijedor in 50 years prior to your electoral

    25 victory, could it be that it was some of those, perhaps

  148. 1 that were denoted as Serbs, they were Yugoslavs?

    2 A. No. The nationality, Yugoslav nationality,

    3 was introduced relatively late. Immediately after the

    4 Second World War, after the communists took over, the

    5 law prescribed that they were officially only Serbs,

    6 Croats and Bosniak Muslims could either declare

    7 themselves as Serbs or as Croats and later on they were

    8 given the opportunity to declare themselves as

    9 undecided. At that time, we didn't really have

    10 Yugoslavs. From what I know, this declaration of being

    11 a Yugoslav was introduced only in the 70s. I am not

    12 quite sure of this, but I think that this term was not

    13 used in the constitution prior to that, the Yugoslav

    14 nationality.

    15 Q. Mr. Semenovic, in your high school report

    16 notes, and so were in mine and generations before us,

    17 were categories "nationality," and they were one

    18 printed Yugoslavian and another dash line for everybody

    19 else to write, wasn't that so?

    20 A. Yes, there was that line there, that item

    21 where you could enter your nationality.

    22 Q. Whether there was a Yugoslav written

    23 therein?

    24 A. I don't remember.

    25 Q. So perhaps some of these police chiefs could

  149. 1 have been Yugoslavs, so you don't know definitely that

    2 they were Serbs, do you?

    3 A. I have already explained that term.

    4 Q. Indeed, Mr. Semenovic, the police chiefs, as

    5 you said, was the first power position that the

    6 coalition partners stumbled upon in Prijedor, that's

    7 true?

    8 A. One of the problems was also the post of the

    9 police chief in the allocation of power.

    10 Q. But the native language, you used the word

    11 "power," you didn't use "political appointees," you

    12 did not use "functionaries," you didn't use anything

    13 else and you repeatedly used the word "power"; isn't

    14 that correct?

    15 A. The power means the carrying out of certain

    16 functions in the municipality, in the government

    17 service. In our Bosnian language that means to have

    18 the power -- to exercise power.

    19 Q. So when you ran for the political office, you

    20 ran to get the power, but not to serve the people,

    21 didn't you?

    22 JUDGE MAY: I don't think that's going to be

    23 a very helpful line of cross-examination.

    24 MR. VUCICEVIC: Thank you, Your Honour, I'll

    25 move on.

  150. 1 Q. You were travelling with Dr. Srdo Srdic quite

    2 often to Sarajevo. He was a Serbian representative

    3 into the council of citizens; isn't that correct?

    4 A. Yes. Not -- I didn't travel often with him.

    5 I travelled several times, but not often. However, we

    6 were together on the parliament sessions and I saw him

    7 frequently there. Because I mostly took the train into

    8 Sarajevo and to sessions and Srdic generally travelled

    9 in a luxury car.

    10 Q. You testified last Wednesday that SDA had

    11 finally obtained their man as the police chief in

    12 Prijedor and that was upon the assistance of the

    13 political tops from Sarajevo, SDA and SDS; isn't that

    14 correct?

    15 A. Yes, and after that, the leadership of SDS

    16 and SDA agreed and Prijedor, to divide these posts in

    17 such a way. So there was an agreement between the

    18 leaders of SDA and SDS in Prijedor and after which an

    19 allocation was achieved. But I did say that this was

    20 done only after the intervention, after the urging from

    21 the leaders on the republic level, as far as I

    22 remember, because I was not a participant in these

    23 discussions. But I know that this was the only way to

    24 solve the problem because SDS did not agree at the

    25 local level to completion of the allocation of power in

  151. 1 this manner.

    2 Q. Since you were a member of the parliament and

    3 quite often in touch with the political leadership in

    4 Sarajevo, somebody has informed you about what you just

    5 testified; isn't that correct?

    6 A. Of course, I insisted, since we were unable

    7 to agree at the municipal level, since the SDS refused

    8 to honour the agreement on the allocation of power that

    9 had already been achieved, that we should address the

    10 leadership in Sarajevo. And the Prijedor SDS refused

    11 that suggestion. In the end, they agreed that these

    12 consultations should be carried out at the republican

    13 level and allegedly Kadiric said, let them put their

    14 man on that position.

    15 Q. Who informed you of this statement of Dr.

    16 Kadiric?

    17 A. In the parliament, I was able to see Srdic

    18 consult Kadiric on such matters. And the SDS

    19 leadership in Prijedor formally agreed, they said, "All

    20 right, the agreement has been achieved. You have the

    21 post of the chief of police."

    22 Q. So it's reasonable to conclude that the

    23 officials of SDS in Prijedor disregarded at times,

    24 directions and orders from the political top; isn't

    25 that correct?

  152. 1 A. They did not reject the instructions, they

    2 carried them out, just as they did when they agreed

    3 that the SDA should have the key function of the chief

    4 of police, but only after the intervention of the

    5 central office of SDS in Sarajevo. That's when the

    6 municipal leadership accepted that and honoured it

    7 after that. Before that, they refused.

    8 Q. Last Wednesday you testified, there was an

    9 exhibit introduced, about power sharing between the SDA

    10 and the SDS and that was passed on the SDS in Prijedor,

    11 therefore, it seems that looked like a directive,

    12 didn't it?

    13 A. These are the principles. The percentages

    14 and general functions are indicated there. If a party

    15 wins a certain percentage of votes, it gets the post of

    16 the president, the second party, the runner up has the

    17 post of vice president. Then you have chief of

    18 departments, deputies and so forth. This is what is

    19 indicated in that document. You don't have the

    20 definition of specific posts that one party should get

    21 the post of the chief of police and the other the post

    22 of the president of the executive board. You have just

    23 the generalist terms there.

    24 Q. Of Bosnia-Herzegovina at that time?

    25 A. At that time, that was the first government,

  153. 1 I think it was Mr. Deli Mustafic.

    2 Q. And do you know the gentleman personally?

    3 A. I don't know him personally, intimately.

    4 Q. One politician --

    5 A. Yes, as a member of parliament, I saw him in

    6 the parliament. Sometimes he would submit reports and

    7 that's how I know him. I listen to some of his

    8 remarks. I did not have any personal contact with

    9 him. Yes.

    10 Q. Was he the officer, high officer of SDA at

    11 that time?

    12 A. No.

    13 Q. But he was a member of the parliament also,

    14 wasn't he?

    15 A. No, he was not a member of the parliament.

    16 He was the Minister of the Interior. He was a member

    17 of the government of Bosnia and Herzegovina.

    18 Q. Looking to find out how he came to the

    19 parliament. On another occasion, while you were a

    20 member of the parliament, common room on their lobby,

    21 you have overheard the conversation where the Prijedor

    22 chapter of the SDS was criticised, who was the

    23 representative who criticised Prijedor chapter of SDS?

    24 A. You said that the convention of the SDA was

    25 criticised --

  154. 1 Q. Prijedor SDS council.

    2 A. Oh, yes, I understand, I see now. The SDS

    3 party in Prijedor. Yes, I heard that in the breaks of

    4 the sessions in the assembly, sometimes those breaks

    5 were quite long and then we would sit down together and

    6 listen to the conversation --

    7 Q. That was a gentlemen from Pale; isn't that

    8 correct?

    9 A. Yes, it was Mr. Ljubo Bosiljcic. He was

    10 the member of the parliament from the Serb

    11 Democratic Party.

    12 Q. At the time that you heard that criticism,

    13 you didn't know what that criticism was about, did

    14 you?

    15 A. I knew it, they told him that he wasn't doing

    16 his job properly, that he failed to achieve anything in

    17 Prijedor because they lost in Prijedor.

    18 Q. That that criticism was rendered because of

    19 the inefficient political organisation in Prijedor

    20 because they lost?

    21 A. As for that criticism that we have been

    22 discussing now, it may have meant that. The reason

    23 could have been something else, some problems within

    24 the party, but I don't know about that.

    25 Q. As a matter of fact, there were not any major

  155. 1 problems between SDS and SDA until the war in Croatia

    2 broke out; isn't that correct?

    3 A. There were problems regarding the allocation

    4 of power.

    5 Q. But when, when the war in Croatia erupted,

    6 what was the position of SDA toward the draught, JNA

    7 draught, for Croatian war?

    8 A. The SDA did not support the intervention of

    9 the JNA in Slovenia and Croatia.

    10 Q. Have you published any notices, any

    11 information, any positions as to the response to the

    12 mobilisation?

    13 A. Do you mean at a local level in the Prijedor

    14 municipality? At the level of the republic, the

    15 political leaders stated their views and it was

    16 reported in the media. There was also discussion about

    17 that in the Bosnian parliament.

    18 Q. At that time, Bosnia and Herzegovina were a

    19 part of Yugoslavia, Socialist Federal Republic of

    20 Yugoslavia, were they?

    21 A. At that time, yes. That means several months

    22 after the new government was formed.

    23 Q. JNA was the official military of the

    24 Socialist Federal Republic of Yugoslavia at that time?

    25 I am talking July, August, September of '91.

  156. 1 A. Yes, but Yugoslavia had already been

    2 transformed and the status of the JNA --

    3 Q. What I am asking, I am asking is JNA at that

    4 time --

    5 JUDGE MAY: Yes, yes, just a moment. We can

    6 only have one person speaking at a time. And, in this

    7 case, it was the witness. You must allow him to

    8 finish, Mr. Vucicevic. And then if you want to ask

    9 another question, do. Would you bear in mind also that

    10 everything has got to be interpreted, and therefore,

    11 there is a necessity for a discipline waiting before

    12 asking questions.

    13 MR. VUCICEVIC: Thank you, Your Honour.

    14 JUDGE MAY: Yes. Was there anything you

    15 wanted to add, Mr. Semenovic, to that answer?

    16 THE WITNESS: Yes, I wanted to add that at

    17 the time this question referred to, there had already

    18 been democratic changes both in Slovenia and in

    19 Croatia. There were some changes in the Yugoslav

    20 leadership and Slovenia and Croatia passed certain

    21 legislation, which changed their status and their

    22 position within Yugoslavia.

    23 Our view was that, at that time, the peace

    24 process had already started, the process of negotiating

    25 on the transformation of Yugoslavia. Our view was that

  157. 1 until a solution is found, first of all, that solution

    2 should be reached by peaceful means. But until such a

    3 solution is found, the army should not get involved in

    4 any conflicts in order to prevent a war breaking out.

    5 That was the view of the republican leadership and of

    6 the party. And, to that effect, we were opposed to the

    7 mobilisation because we deemed that negotiations should

    8 be conducted and not war. We shouldn't have a war of

    9 JNA against the people, the people that it was supposed

    10 to protect. That was the reason why it was established

    11 in the first place.

    12 Q. Mr. Semenovic, when I simply asked you, and I

    13 still insist that you answer the question, if I may,

    14 please, Your Honour, is whether or not Bosnia was

    15 officially part of Yugoslavia in the summer of 1991?

    16 A. Yes.

    17 Q. And whether JNA was an army of the Socialist

    18 Federal Republic of Yugoslavia at that time?

    19 A. Yes.

    20 Q. And sometime in September of 1991, official

    21 army of the existing country of Yugoslavia, JNA, has

    22 issued a call for mobilisation in Prijedor area; isn't

    23 that correct?

    24 A. Yes.

    25 Q. And having lived in that country for at least

  158. 1 20 or more years, re-service and active soldiers have

    2 responded to the call; isn't that correct?

    3 A. Some did, some did not.

    4 Q. Is it fair to say that most of the people who

    5 declared themselves as Bosniak Muslims did not respond

    6 to mobilisation call?

    7 A. Yes.

    8 Q. You testified last time when you were before

    9 the Trial Chamber, you said there were two units from

    10 Prijedor, 5th Kozara Brigade, which was to be 6th

    11 Krisca (Phon) Brigade beforehand and 343rd, later 43rd

    12 Brigade were filled up to their full formation by the

    13 re-service from Prijedor area; isn't that correct?

    14 A. I did not mention the 343 Brigade and the

    15 43rd Brigade. I talked about the 5th, Kozara Brigade

    16 and the 6th Krajina Brigade. Because for a while, it

    17 had one name and for a while another. I don't remember

    18 which name was used at which time.

    19 JUDGE MAY: Mr. Vucicevic, it's now five

    20 o'clock, is that a convenient moment?

    21 MR. VUCICEVIC: Yes, Your Honour.

    22 JUDGE MAY: We'll go on tomorrow.

    23 Mr. Semenovic, would you be back, please,

    24 tomorrow at half past nine.

    25 We have another matter to deal with, in fact,

  159. 1 at nine o'clock, so I hope we'll be able to start this

    2 case at half past nine. But, if not, that is the

    3 reason.

    4 Could you be back tomorrow, please.

    5 --- Whereupon proceedings adjourned at

    6 5.00 p.m., to be reconvened on the

    7 14th day of July, 1998, at 9.30 a.m.