Tribunal Criminal Tribunal for the Former Yugoslavia

Page 7577

 1                           Tuesday, 29 January 2013

 2                           [Open session]

 3                           [The accused entered court]

 4                           --- Upon commencing at 9.05 a.m.

 5             JUDGE ORIE:  Good morning to everyone.

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

 7             THE REGISTRAR:  Good morning, Your Honours.

 8             This is the case IT-09-92-T, the Prosecutor versus Ratko Mladic.

 9             JUDGE ORIE:  Thank you.

10             One preliminary question.  Mr. Groome, yesterday you announced

11     that the -- that you had to disclosed three documents which, last week,

12     could not be disclosed.  It was the Chamber's recollection that you had

13     four on your mind last week, and that you said -- three would be

14     disclosed, but.

15             MR. GROOME:  Yes, Your Honour.  I apologise.  I misspoke

16     yesterday.  All four have been disclosed.

17             JUDGE ORIE:  Yes, yes.  I was wondering whether mathematics went

18     a different way.

19             We -- before the witness enters the courtroom, we have to go into

20     closed session.  I would like to deal with one issue in closed session

21     before the witness enters the courtroom, although he could remain

22     standby.

23                           [Closed session]

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 4                           [Open session]

 5             THE REGISTRAR:  Your Honours, we're in open session.

 6             JUDGE ORIE:  Thank you, Mr. Registrar.

 7             [Interpretation] Could you please pronounce the solemn

 8     declaration, Mr. Witness.

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

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

11                           WITNESS:  RM120

12                           [Witness answered through interpreter]

13             JUDGE ORIE:  [Interpretation] Please be seated.

14             I will now switch back to English.

15             [In English] We are in open session but protective measures are

16     in place.  The public will not see your face, the public will not hear

17     your own voice, and we'll not use your own name.  We'll call you

18     "Witness RM120."

19             Whenever there is any question where you fear that answer -- your

20     answer to that question would reveal your identity, you may address me.

21     We'd then move into private session.  And please be very alert on that,

22     because sometimes it's just small details that would reveal your

23     identity.

24             You will first be examined by the Prosecution, and it is

25     Mr. Shin -- it's you.


Page 7580

 1             MR. SHIN:  Yes.  Milbert Shin appearing for the Prosecution, Your

 2     Honour.

 3             JUDGE ORIE:  Yes.  Yes.  Please proceed, Mr. Shin.

 4             MR. SHIN:  Thank you, Your Honour.  Good morning, Your Honours.

 5     Good morning counsel.

 6                           Examination by Mr. Shin:

 7        Q.   Good morning, Witness.

 8             MR. SHIN:  Perhaps as a preliminary note I would just make a

 9     record that as part of the Rule 70 to protective measures for this

10     witness, there is also a representative of the government of France

11     present.

12             JUDGE ORIE:  Yes.  I should have mentioned that.

13             Welcome in this courtroom, Ms. Bass.  You know your role.  You're

14     not here for the first time, so I don't have to explain it again.

15             Please proceed.

16             MR. SHIN:  Thank you, Your Honour.

17        Q.   Mr. Witness, as the -- as the Judges have explained to you, there

18     are certain protective measures in place for you so I will be referring

19     to you as "witness" rather than -- or "Witness RM120" rather than your

20     actual name.

21             Could you --

22             MR. SHIN:  Could I please have 65 ter 28660 pulled up on e-court,

23     please.  And that is under seal.

24             Mr. Witness, could you please take a look at the screen and

25     indicate whether that is your true name and your date of birth.


Page 7581

 1        A.   Yes, it is.  It's correct.

 2             MR. SHIN:  Your Honours, I would tender 65 ter 28660 into

 3     evidence under seal.

 4             JUDGE ORIE:  Mr. Registrar.

 5             THE REGISTRAR:  As Exhibit P806, Your Honours.

 6             JUDGE ORIE:  P806 is admitted under seal.

 7             MR. SHIN:

 8        Q.   Mr. Witness, some preliminary questions.

 9             Did you provide signed statements, under oath, in response to

10     questions by the Office of the Prosecutor on two occasions.  On the 8th

11     of February, 1999; and the 26th of November, 2007.

12        A.   Yes, I did.  I did provide answers to questions asked by the

13     Prosecutor.

14        Q.   Thank you.  And is it correct that you have previously testified

15     here before this Tribunal in the cases against Dragomir Milosevic;

16     Momcilo Perisic; and Radovan Karadzic?

17        A.   Yes, it is correct.

18        Q.   Thank you.  And in preparation for your testimony in the Karadzic

19     case, did you review in a language you understand a statement that

20     amalgamated relevant portions of your 1999 statement and your testimony

21     in the Milosevic and Perisic cases?

22        A.   Yes.  Indeed, I did review those documents.

23        Q.   And then in preparing to give evidence here today, did you have a

24     chance to review that amalgamated statement?

25        A.   Yes, I did have the chance to review that statement.


Page 7582

 1        Q.   Thank you.

 2             MR. SHIN:  Could I please have 65 ter 28659, under seal, brought

 3     up on e-court.

 4             And if we could please have the French version placed on the

 5     screen.  And if we could turn to the next page, please.

 6        Q.   Mr. Witness, do you recognise this document to be that

 7     amalgamated statement that you have reviewed?

 8        A.   Yes, I do recognise this document.  This is the right one.

 9        Q.   Mr. Witness, were you also able to identify certain

10     clarifications or corrections that you had wished to make in reviewing

11     this document?

12        A.   Yes, I identified some corrections.

13             MR. SHIN:  If I could please have 65 ter 28664, also under seal,

14     brought up on e-court, please.

15        Q.   Witness, could you please review the document that you have on

16     the screen, that would be on the right.  Does this document reflect the

17     corrections that you wished to make to your amalgamated statement?

18        A.   Yes.  Yes, this document does reflect the various comments that I

19     made.

20        Q.   Then with those corrections in mind, if you were asked about the

21     matters in your amalgamated statement today, would you give the same

22     answers that are contained therein?

23        A.   Yes, I would give the exact same answers.

24        Q.   Having taken the solemn declaration, do you affirm that the

25     information in the amalgamated statement is truthful and accurate?


Page 7583

 1        A.   Yes, indeed, they are truthful and accurate.

 2             MR. SHIN:  Your Honours, the Prosecution would tender 65 ter,

 3     both 28659 and 28664 into evidence, under seal.

 4             JUDGE ORIE:  Mr. Lukic.

 5             THE REGISTRAR:  Your Honours.

 6             JUDGE ORIE:  Mr. Lukic.  No objections.

 7             Mr. Registrar.

 8             THE REGISTRAR:  Your Honours, 28659 shall be assigned

 9     Exhibit P807.

10             And 65 ter 28664 shall be assigned Exhibit P808.

11             JUDGE ORIE:  P807 and P808 are admitted under seal.

12             MR. SHIN:  Your Honours, there were certain issue relating to the

13     associated exhibits but if I may I would prefer to address those later,

14     if that would be suitable to Your Honours.

15             JUDGE ORIE:  It is.

16             MR. SHIN:  Then if I may, with your permission, I would read a

17     brief public summary of the witness's evidence.

18             JUDGE ORIE:  Please do so.

19             MR. SHIN:  Witness RM120 served with UNPROFOR in Sarajevo from

20     1994 to 1995.  The witness provides evidence that for large periods of

21     time Sarajevo was unable to function properly due to restrictions on

22     access for humanitarian convoys and shelling and sniping attacks directed

23     at its inhabitants perpetrated by Bosnian Serb forces.  Sniping incidents

24     against civilians and UNPROFOR personnel were investigated by UNPROFOR

25     personnel.  They concluded that the vast majority of sniping incidents in


Page 7584

 1     and around Sarajevo were perpetrated by Bosnian Serb forces.  UNPROFOR

 2     anti-sniping measures aimed at protecting the civilian population were

 3     directed almost exclusively at Serb snipers.

 4             Protests about attacks on civilians were made by UNPROFOR to the

 5     Sarajevo-Romanija Corps, and in particular letters of protest were sent

 6     to the corps commander, Dragomir Milosevic.  General Milosevic would

 7     either claim that the Muslims fired first or would simply not respond.

 8     The treatment of UN personnel taken hostage in May 1995 was also

 9     protested directly to the corps commander.

10             From Witness RM120's own observations, and according to

11     information received by the witness, General Ratko Mladic controlled the

12     strategy in Sarajevo, while it was General Milosevic's job to implement

13     this vision.  Colonel Indic, a liaison officer at Lukavica, acted as

14     General Mladic's eyes and exerted pressure on General Milosevic to ensure

15     that General Mladic's vision was carried out.

16             Your Honours, this concludes the summary of the witness's

17     evidence.

18             JUDGE ORIE:  Yes.  If you have any further questions to the

19     witness, you may put them to him.

20             MR. SHIN:  Thank you, Your Honours.

21        Q.   Mr. Witness, I'd like to begin with some questions on the subject

22     of sniping.

23             In your amalgamated statement, and I refer to page 41 of the

24     English and page -- which is also 41 of the French.  And that would be

25     pages 59 and 60 of the B/C/S.  And this is, the amalgamated statement is


Page 7585

 1     now P807.

 2             Mr. Witness --

 3             MR. SHIN:  Excuse me one minute, Your Honours.

 4             Your Honours, if I may, could I provide the witness with a copy

 5     of his statement in French.  I've discussed this with Mr. Lukic as well.

 6             JUDGE ORIE:  Please do so.

 7             MR. SHIN:

 8        Q.   Mr. Witness - and I'm referring to page 41 of your statement in

 9     French - you discussed there how frequently civilians were the targets of

10     snipers, and you indicate that 66 incidents involved snipers from the

11     Bosnian Serb army held -- from the territory held by the Bosnian Serb

12     army, and six were from the territory held by the Army of

13     Bosnia-Herzegovina.

14             Did these figure represent all the sniping incidents in Sarajevo

15     during the time that you were there?

16        A.   Well, these figures did not represent the totality of those

17     sniping incidents, but the directives that were given and the

18     investigations carried out by ballistics specialists and experts and by

19     the reports issued by various units, only those that we were absolutely

20     sure and confident of the origin were accounted for.

21             So out of the 66 coming from the Serbian sector and the six

22     incidents coming from the Bosnian sector, this figure is, of course, far

23     under the reality, but since we were not sure of the origin of the other

24     incidents, they were not accounted for.

25        Q.   Is it possible, if you can, to recall approximately how many


Page 7586

 1     other sniping incidents occurred during your time in Sarajevo?

 2        A.   Well, there were many sniping incidents, but we wanted to be

 3     impartial so we could only account those that were absolutely certain of

 4     the origin of these snipers because we weren't sure about the other

 5     sniping incidents.  We didn't know where they came from.

 6        Q.   Did you have an understanding of the approximate proportion of

 7     casualties between the Bosnia-Herzegovina side and the Bosnian Serb side?

 8        A.   No, I don't have those figures.  I don't know how many

 9     casualties, how many injured people.  But the proportion between 66 and

10     six, this is a ratio of ten, so we can assume by applying the same ratio

11     that it would be in the same order of magnitude.

12        Q.   I would like to continue asking some questions regarding the

13     sniping issue, focussing on passive anti-sniping measures.

14             In your statement - and this would be page 40 of the English and

15     40 of the French and, in the B/C/S 58 to 59 - you respond to a question

16     about "passive anti-sniping barriers."

17             First -- and I'll give you a moment to find that page in your

18     statement.

19             First, you refer there to containers.  Can you explain briefly

20     what that means.

21        A.   In order to preclude these Serbian snipers to shoot at the

22     population or at the UNPROFOR staff, we decided to set up -- to stack up

23     containers in order to limit the visibility for these snipers.  So we

24     decided to build this sort of container barrier along the main avenue, in

25     order to obstruct the visibility of the Serbian snipers.


Page 7587

 1        Q.   Just so that we're clear also, when you refer to "containers,"

 2     what kind of containers are they?

 3        A.   Well, these were metal containers, a type of containers you see

 4     on the big merchant ships.  You know, where you have these piles of

 5     containers.  They're about 2 metre high for each of these containers.

 6        Q.   In your statement, also you mentioned that the municipality

 7     assisted in this project.  I take it this would be the Sarajevo

 8     municipality?

 9        A.   That's correct.  So these containers did not belong to the

10     UNPROFOR, but they -- they were present in the city of -- in the

11     municipality of Sarajevo.  They belonged to the municipality and so we

12     asked the municipality whether we could use those containers.

13        Q.   You also mention in your statement that these passive

14     anti-sniping barriers - in English - "bothered the Serb snipers a great

15     deal."

16             Before I ask you more about that, I would ask if 65 ter 22940 may

17     be brought up on e-court.

18             Witness, if you could please take a look at this document on the

19     screen.  Do you recognise this as a document you reviewed during

20     preparation for your testimony here today?

21        A.   Yes, I have seen this document before.

22        Q.   We see on the first page that it is dated the 7th of April, 1995.

23     And, in the "from" box in the upper right-hand side the name

24     David Harland appears and in the subject line we see Sector Sarajevo

25     weekly situation report.


Page 7588

 1             May I go briefly in private session for the next couple of

 2     questions, please?

 3             JUDGE ORIE:  We move into private session.

 4                           [Private session]

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20                           [Open session]

21             THE REGISTRAR:  Your Honours, we're in open session.  Thank you.

22             JUDGE ORIE:  Thank you, Mr. Registrar.

23             MR. SHIN:  Could I please have page 3 of this document brought up

24     on e-court.

25        Q.   Mr. Witness, in the top half of this page, we see the heading:


Page 7589

 1             "Passive Anti-Sniper [sic] Project."

 2             This document reads:

 3             "Sector Sarajevo has prepared a large-scale project to protect

 4     civilians on both sides from sniping by constructing sniper screens in

 5     exposed areas."

 6             First, is this the -- the project of passive anti-sniping

 7     barriers that you just described?

 8        A.   Yes.  This is the exactly the same project as the one that had

 9     been decided.

10        Q.   If we turn to the second paragraph there, second sentence, it

11     states:

12             "The Serb civilian authorities also expressed their support."

13             Witness, were you aware that the Serb civilian authorities

14     supported this project?  And please bear in mind that if you need, for

15     your answer, we can go into private session.

16        A.   I'd like to go in private session, please.

17             JUDGE ORIE:  We move into private session.

18                           [Private session]

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Page 7594

 1                           [Open session]

 2             THE REGISTRAR:  Your Honours, we're in open session.  Thank you.

 3             JUDGE ORIE:  Thank you, Mr. Registrar.

 4             MR. SHIN:

 5        Q.   Mr. Witness, in your statement, and I refer page 36 to 38 in

 6     English, French 35 to 38, B/C/S 53 to 55.

 7             You describe a visit to a Serbian sniper position.  You are

 8     unable to describe there the precise building location, but you do state

 9     that it was in the Grbavica neighbourhood.

10             Do you recall on that visit whether there were -- whether there

11     were any military targets in the vicinity of that building?

12        A.   We didn't see any military targets.  This visit was performed in

13     Grbavica, not very far from the Vrbanija bridge.

14        Q.   And Grbavica, is that -- what kind of area is that?  Is that a --

15     is it a residential area?

16        A.   Yes, it is.  It was a residential area in a neighbourhood in

17     Sarajevo.

18        Q.   In your statement, you mention also that you were accompanied by

19     the commander of the Ilidza Brigade.  Do you recall whether you had an

20     understanding at that time who the immediate superior of that commander

21     would be?

22        A.   I thought that Ilidza Brigade was under the orders of the SRK,

23     Dragomir Milosevic.

24        Q.   Turning to a slightly different topic now.  Mr. Witness, in

25     several places in your statement, you make the point that General Mladic


Page 7595

 1     set the strategy for Sarajevo and that General Milosevic was the

 2     technician or the one who -- was a tactician who implemented that

 3     strategy.

 4             MR. SHIN:  And just for reference I note for example English page

 5     16, same in the French, and in the B/C/S 22 through 23.

 6        Q.   Witness, I would like to ask some questions about that, but,

 7     first, would like to turn to some documents.

 8             MR. SHIN:  May I have 65 ter 10066 on e-court, please, but not

 9     broadcast.

10             JUDGE MOLOTO:  10.

11             MR. SHIN:  10066, please.

12             JUDGE MOLOTO:  Thank you.

13             MR. SHIN:  And I would just note that this is a document that has

14     also appeared previously in this court under designation 1D00466.

15        Q.   Mr. Witness you address this document in your statement, and

16     that's English and French, page 67, B/C/S page 97.  Did you also have a

17     chance to review this document in preparation for your testimony here

18     today?

19        A.   Yes, I did.  I did see this document.

20             MR. SHIN:  Could we please go into private session for the

21     discussion of this document.

22             JUDGE ORIE:  We move into private session.

23                           [Private session]

24   (redacted)

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Page 7598

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 4                           [Open session]

 5             MR. SHIN:  Turning to another document --

 6             THE REGISTRAR:  Your Honours, we're back in open session.  Thank

 7     you.

 8             JUDGE ORIE:  Thank you, Mr. Registrar.

 9             MR. SHIN:

10        Q.   Turning to another document.  Mr. Witness, in your statement, you

11     discuss a document having to do with air bombs.  This document is now

12     P581 in this case.

13             MR. SHIN:  If I could please have that brought up on e-court.

14        Q.   Mr. Witness, and to go through this quickly, this is a document

15     that, from your statement, and from the document itself, we see relates

16     to air bombs.  And I would just focus on the last sentence of this

17     document.

18              "Before you begin with combat operations in the area Sarajevo,

19     you are to provide me with a detailed report on planning, measures, and

20     goals in order to take a decision at the level of army of the

21     Republika Srpska Main Staff."

22             And this document, as we can see, is from General Mladic to the

23     SRK Command.  Does this document, as well, reflect your assessment of the

24     role of General Mladic in setting the strategy and General Milosevic in

25     implementing that strategy?


Page 7599

 1        A.   Yes.  It does corroborate exactly the impressions that we had,

 2     and it is concretely this same thought.

 3             MR. SHIN:  Could I please have 65 ter 09745 on e-court.

 4        Q.   And while we're waiting for that, Mr. Witness, this is a document

 5     you also discuss in your statement.  That's page 19 and 20 of the French

 6     and the English, and in the B/C/S, that would be 27 through 29.

 7             This document appears to be a -- appears to be dated 16th of May,

 8     1995, from the SRK Command under the authority of General Milosevic at

 9     the bottom of that document.  Directed to the Ilidza Brigade and the

10     3rd Sarajevo Infantry Brigade Commands.

11             If we turn to the text here it says:

12             "Regarding the active combat operations which are in progress,

13     the Ilidza and 3rd Sarajevo Infantry Brigade commands will do as follows.

14             "The Ilidza Brigade will immediately prepare an aerial bomb

15     launcher with at least five aerial bombs."

16             And I'll skip to paragraph two.

17             "The 3rd Sarajevo Infantry Brigade Command will immediately

18     transfer their aerial bomb launcher to the Trebevic sector."

19             And the final sentence there is:

20             "I forbid use of the aforesaid assets without my order."

21             First looking at this document, does it indicate what the

22     relationship is between the command of the SRK at that level and the

23     command of the Ilidza Brigade and the 3rd Sarajevo Infantry Brigade?

24        A.   I think that General Milosevic was given orders to his

25     subordinate, be they permanent or temporary.  In this case, I don't know


Page 7600

 1     if they were staff or if they were temporary subordinates.

 2        Q.   Okay.  The -- turning to the substance of this document itself,

 3     regarding the -- the order itself on preparing the aerial bomb launchers.

 4     Once again bearing in mind the previous document that we saw on aerial

 5     bombs, how does this document affect your assessment of General Mladic as

 6     setting the strategic concept, which is another phrase you used, and

 7     General Milosevic as the one who implemented it?

 8        A.   Could we go to private session, Your Honour?

 9             JUDGE ORIE:  We move into private session.

10             Perhaps we move into closed session because we're close to the

11     moment where we have to take a break anyhow.  We'd have to move into

12     closed session then, so therefore let's do it right away.

13                           [Closed session]

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Page 7601

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19                           [Open session]

20             THE REGISTRAR:  We're in open session, Your Honours.

21             JUDGE ORIE:  Thank you, Mr. Registrar.

22             Mr. Shin, please proceed.

23             MR. SHIN:  Thank you, Your Honours.

24             And just rounding our previous session, the Prosecution would

25     tender 65 ter 09745 into evidence as a public exhibit.


Page 7602

 1             JUDGE ORIE:  Mr. Registrar.

 2             THE REGISTRAR:  Exhibit P811, Your Honours.

 3             JUDGE ORIE:  P811 is admitted into evidence.

 4             MR. SHIN:  Could I please have 65 ter 11002 brought up on

 5     e-court.

 6        Q.   And, Mr. Witness, while we're waiting for that to come up, I

 7     would note that this a document that you were shown during your testimony

 8     in Karadzic.  I think we're still waiting for the English version to come

 9     up.  There we go.

10             Mr. Witness, looking at this document, as I note, you were shown

11     this document during your testimony in Karadzic.  And you also had a

12     chance to review it in preparation for your testimony here today; is that

13     correct?

14        A.   Yes, it is absolutely correct.

15        Q.   This document appears to be an order from -- if we turn to the

16     second page in the English - from General Mladic dated the 6th of

17     November, 1994, addressed to -- if we could please go back to the first

18     page in English, please.  Addressed to the SRK Command, the 3rd Sarajevo

19     Infantry Brigade Command, the Ilidza Infantry Brigade Command, and the

20     Sarajevo Light Infantry Brigade Command.

21             We see at the bottom of page 1 in the English, the B/C/S, the

22     entirety is one page:

23             "I have been informed that the leadership of the Serbian Sarajevo

24     local authorities met with the commander of the Sarajevo-Romanija Corps

25     in Vogosca on 5 November 1994, where they adopted a decision to blockade


Page 7603

 1     the UNPROFOR, capture the heavy weapons under the UNPROFOR control, and

 2     use them to fire at civilian targets in the city of Sarajevo.  Bearing in

 3     mind that such decisions could have far-reaching negative effects on the

 4     Serbian people and that these combat operations are being planned without

 5     my knowledge, I hereby order.

 6             "1.  I forbid all activities aimed at the blockade of UNPROFOR

 7     and the seizure of heavy weapons under their control without my specific

 8     order and approval.

 9             "2.  I forbid the planning and carrying out of any offensive

10     combat operation without the approval of the Main Staff of the

11     Republika Srpska army or the implementation of operations planned without

12     the agreement and approval of the Main Staff.

13             "3.  I forbid firing from large-calibre weapons at civilian

14     targets in Sarajevo without my approval.

15              "4.  The Sarajevo-Romanija Corps Command [sic] and his immediate

16     subordinates are personally responsible to me for implementing this

17     order.  The SRK commander will inform his immediate subordinates of this

18     order."

19             Mr. Witness, my question to you is:  How does this document shed

20     light on the explanation you've given of the role that General Mladic had

21     as the strategist and the role of General Milosevic as the technician.

22     How are we to understand how those two roles may have been divided?

23        A.   Could we move into private session, please.

24             JUDGE ORIE:  We turn into private session.

25                           [Private session]


Page 7604

 1   (redacted)

 2   (redacted)

 3   (redacted)

 4   (redacted)

 5   (redacted)

 6   (redacted)

 7   (redacted)

 8   (redacted)

 9   (redacted)

10   (redacted)

11   (redacted)

12   (redacted)

13   (redacted)

14   (redacted)

15   (redacted)

16   (redacted)

17   (redacted)

18   (redacted)

19   (redacted)

20   (redacted)

21   (redacted)

22   (redacted)

23   (redacted)

24                           [Open session]

25             THE REGISTRAR:  Your Honours, we're back in open session.  Thank


Page 7605

 1     you.

 2             JUDGE ORIE:  Thank you.  Please proceed.

 3             MR. SHIN:  Yes, Your Honours, the Prosecution would tender 65 ter

 4     11002 into evidence, as a public exhibit.

 5             JUDGE ORIE:  Mr. Registrar.

 6             THE REGISTRAR:  Exhibit P812, Your Honours.

 7             JUDGE ORIE:  P812 is admitted into evidence.

 8             MR. SHIN:  The Prosecution would ask that 65 ter 11242 be brought

 9     up on e-court.

10        Q.   And while we're waiting for that, Mr. Witness, this was also a

11     document you were shown in the Karadzic case.

12             This document which we now have on the screen appears to be an

13     order from, looking at the information on the upper left hand of the

14     document, and also in the signature block, an order from the commander of

15     the 2nd Sarajevo Light Infantry Brigade, which was one of the addressees

16     in the previous document.

17             It's dated 7 November 1994, the day after the previous document.

18             This document reads:

19             "We have received a telegram" -- at the very top:

20             "We have received a telegram from the VRS Main Staff, which we

21     copy here completely, as follows ..."

22             And we can then see in the remainder of the document that the

23     order from General Mladic in the previous document is copied in its

24     entirety here, including General Mladic's signature block.

25             Mr. Witness, how does this -- looking at this document in


Page 7606

 1     combination with the document before, how does this -- how does this

 2     reflect on your assessment of the authority of General Mladic and the

 3     effectiveness of the chain of command in the army of the

 4     Republika Srpska?

 5        A.   I think that the authority which issued this document by

 6     transmitting General Mladic's order is talking to another brigade.  In

 7     other words, the other brigade, although it might have been supposed to

 8     receive the first document, was temporarily or permanently under said

 9     brigade.  But it shows, perhaps, that outside of the SRK there might have

10     been units which were immediately placed under the authority of

11     General Mladic and that for occasional jobs or assignments, were put

12     under the operational command of the SRK.  I don't have a clear memory of

13     the organisational chart at this stage, but the fact that this document

14     is -- is sent down shows that everybody had to be well aware of the order

15     given by General Mladic.

16             MR. SHIN:  Your Honours, we would tender 65 ter 11242 into

17     evidence, as a public exhibit.

18             JUDGE ORIE:  Mr. Registrar.

19             THE REGISTRAR:  Exhibit P813, Your Honours.

20             JUDGE ORIE:  P813 is admitted into evidence.

21             MR. SHIN:  And I would request that we go into private session

22     for the next document.

23             JUDGE ORIE:  We move into private session.

24                           [Private session]

25   (redacted)


Page 7607

 1

 2

 3

 4

 5

 6

 7

 8

 9

10

11 Pages 7607-7608 redacted. Private session.

12

13

14

15

16

17

18

19

20

21

22

23

24

25


Page 7609

 1   (redacted)

 2   (redacted)

 3   (redacted)

 4   (redacted)

 5   (redacted)

 6   (redacted)

 7   (redacted)

 8   (redacted)

 9   (redacted)

10   (redacted)

11   (redacted)

12   (redacted)

13   (redacted)

14   (redacted)

15   (redacted)

16   (redacted)

17   (redacted)

18   (redacted)

19   (redacted)

20                           [Open session]

21             THE REGISTRAR:  Your Honours, we're back in open session.  Thank

22     you.

23             JUDGE ORIE:  Thank you, Mr. Registrar.

24             MR. SHIN:

25        Q.   Mr. Witness, at several points in your statement, you describe


Page 7610

 1     the role of Lieutenant-Colonel Indic.  For example, at -- and this would

 2     be English page 10, French page 10, B/C/S page 14.  You note that

 3     Colonel Indic was a liaison officer.  And also at 16 in French and

 4     English, B/C/S 22, you discuss a dual role, dual -- I'm sorry.  Let me

 5     say that again.  Dual role in -- that Colonel Indic had with respect to

 6     General Milosevic.

 7             I'd like to ask you some questions about this dual role, but

 8     first I'd like to turn to a document.

 9             MR. SHIN:  If I could please have 15756 brought up in e-court.

10             And while we're waiting for that, Your Honours, the specific

11     document is referenced in 69 of the English and French in the statement,

12     B/C/S, page 100.

13             We have the -- the document on the screen now.  And this appears

14     to be a memo dated the 21st of March, 1995, from A major Fraser.  And

15     perhaps we should go into private session for the next few questions.

16             JUDGE ORIE:  We move into private session.

17                           [Private session]

18   (redacted)

19   (redacted)

20   (redacted)

21   (redacted)

22   (redacted)

23   (redacted)

24   (redacted)

25   (redacted)


Page 7611

 1   (redacted)

 2   (redacted)

 3   (redacted)

 4   (redacted)

 5   (redacted)

 6   (redacted)

 7   (redacted)

 8   (redacted)

 9   (redacted)

10   (redacted)

11   (redacted)

12   (redacted)

13                           [Open session]

14             THE REGISTRAR:  Your Honours, we're back in open session.  Thank

15     you.

16             JUDGE ORIE:  Thank you, Mr. Registrar.

17             MR. SHIN:

18        Q.   In paragraph 1 it states:

19             "Colonel de Kermabon met with General Milosevic at the

20     Sarajevo-Romanija Corps headquarters at Lukavica."

21             And we see in the document several topics are discussed.  I would

22     focus on two of them.  In paragraph 2, which has the heading "Security of

23     the Airport," there is the sentence:

24             "After some discussion, General Milosevic said he would ensure

25     that his forces around the airport refrain from firing on aircraft."


Page 7612

 1             As far as you recall, do you know whether this part of the

 2     discussion involved an admission on the part of General Milosevic that

 3     his forces had, indeed, fired on aircraft?

 4        A.   Yes, yes.  This is a concrete acknowledgment of something that

 5     happened on the 19th of March.  There were other firing incidents of --

 6     of firing against UN aircrafts.

 7        Q.   Now, turning to paragraph 4, the section titled: "Weapon

 8     Collecting Points (WCP)."

 9             This would be -- yes, thank you, that's page 2.  We see this

10     paragraph begins:

11             "Colonel de Kermabon stated that during the past few days a

12     number of weapons have been removed without permission from Lukavica

13     WCP."

14             It goes onto say a little later in that paragraph:

15             "General Milosevic said he was not aware of the situation but he

16     believed that the weapons were in the Hrasnica factory.

17     Lieutenant-Colonel Indic replied to most of the questions about this

18     subject; however, both officers of difficulty describing where the

19     weapons were."

20             Now, if we turn to the bottom of this document, we see in

21     paragraph 7 which is headed "Assessment," the following sentences:

22             "Both Serbian officers had difficulty answering questions about

23     the WCP.  They appeared unsure about their position and the whereabouts

24     of the weapons.  They continually tried to change the subject and deflect

25     the conversation away from the issues raised by Colonel de Kermabon.


Page 7613

 1     General Milosevic, for the first time, appeared more dominant in the

 2     meeting with Lieutenant-Colonel Indic.  On several occasions, he cut the

 3     lieutenant-colonel off and made decisions like the airport very quickly.

 4     This was uncharacteristic of the Comd," which I believe we can understand

 5     to be commander, "who has been seen by this author for nine months."

 6             First, and I'll ask the question.  You may consider whether you

 7     would wish to go to private session for the answer.

 8             Does the assessment that we've just seen, how does that compare

 9     with your assessment of the relationship dynamic between

10     General Milosevic and Colonel Indic, in particular, the reference to

11     Colonel Indic having a dual role.

12        A.   Yes, could we go to private session, please.

13             JUDGE ORIE:  We move into private session.

14                           [Private session]

15   (redacted)

16   (redacted)

17   (redacted)

18   (redacted)

19   (redacted)

20   (redacted)

21   (redacted)

22   (redacted)

23   (redacted)

24   (redacted)

25   (redacted)


Page 7614

 1   (redacted)

 2   (redacted)

 3   (redacted)

 4   (redacted)

 5   (redacted)

 6   (redacted)

 7   (redacted)

 8   (redacted)

 9   (redacted)

10   (redacted)

11   (redacted)

12   (redacted)

13   (redacted)

14   (redacted)

15   (redacted)

16                           [Open session]

17             THE REGISTRAR:  Your Honours, we're back in open session.  Thank

18     you.

19             JUDGE ORIE:  Thank you, Mr. Registrar.

20             MR. SHIN:

21        Q.   So, once again, Mr. Witness, turning back to paragraph 4, where

22     there is a discussion of removal of weapons from the WCP.  Was the

23     removal of weapons from the WCP, was that in violation of an agreement?

24        A.   Yes, yes.  This -- this is a patent violation of agreement.

25     These WCPs, there were eight of them on the Serb side, and one on the --


Page 7615

 1     or two on the Bosnian side, and so these WCPs should have been monitored

 2     and controlled by the UN forces, but in very difficult conditions, I

 3     hasten to add.

 4        Q.   And just so we're clear, can you recall exactly which agreement

 5     this was in violation of?

 6        A.   It's an agreement that had been concluded in the course of

 7     February 1994, if my memory serves me well, in order to mandate that

 8     weapons of a calibre higher than 20 millimetres had to be extracted from

 9     a total exclusion area, 20 kilometres around Sarajevo, and some of these

10     weapons had been collected in such WCPs or Weapons Collection Points

11     placed under the control of the UN forces.

12        Q.   Mr. Witness, do you recall that you were asked in -- during

13     cross-examination in the Karadzic case, you were asked by Mr. Karadzic

14     about a document referred to as a "protocol."

15             Do you recall that, first?

16        A.   Yes, I do remember that.

17        Q.   And I would -- this -- the citation in the Karadzic case is

18     T.13178, line 6 through 16.

19             Mr. Witness, when Mr. Karadzic was asking you about this document

20     called a protocol, did he show you that document?

21        A.   I don't remember seeing this document.  I don't think I was ever

22     shown that document.

23        Q.   Now, not being shown that document, what document did you think

24     that Mr. Karadzic was referring to when he called this document that he

25     was talking about a protocol?


Page 7616

 1        A.   As far as I'm concerned, the only document that I can remember is

 2     the document regarding the Weapons Collection Points, or WCPs.

 3        Q.   And during your time that you were in Bosnia, did you -- what was

 4     your understanding about whether the Bosnian Serbs could withdraw weapons

 5     from the WCPs?

 6        A.   Well, in this -- in that protocol, my conclusion was that none of

 7     both parties could withdraw weapons from the WCPs.  Unfortunately, on

 8     several occasions, Serb forces did withdraw weapons within the WCPs and

 9     used them to shoot at Sarajevo.

10        Q.   And just so that we're clear, when you refer, as you just did, to

11     a document called a protocol, what document are you referring to?

12        A.   I think that it is the document signed with the authorities --

13     the UN authorities.

14        Q.   In preparing for your evidence here today, did you have a chance

15     to see a document that was called "protocol of understanding," which was

16     a different document from the one you've just described?

17        A.   Yes.  While preparing today, I did see this document.

18        Q.   And this other document, had you ever seen it before?

19        A.   No, I did not.

20        Q.   Thank you.

21             MR. SHIN:  And, Your Honours, the Prosecution would tender 65 ter

22     15756 into evidence as a public exhibit.

23             JUDGE ORIE:  Mr. Registrar.

24             THE REGISTRAR: [Microphone not activated] Exhibit P815,

25     Your Honours.


Page 7617

 1             JUDGE ORIE:  Is that the one on our screen, Mr. Shin, or is it --

 2             MR. SHIN:  No.  It's -- we have not brought it up in e-court.

 3     We --

 4             JUDGE ORIE:  Is that -- because you're asking all kind of

 5     questions to the witness about documents he had seen.  We've got no idea

 6     what you showed him in preparing.  Did you or ...

 7             MR. SHIN:  Yes.  Of course, Your Honours.  Just so that we can be

 8     clear then, could I please have -- the document that's been in evidence

 9     as D112 brought up on e-court, please.  And I would request to turn

10     directly to page 2 of that document.

11             JUDGE ORIE:  One second.  One second, please.  One second before

12     we proceed, as you suggest.

13                           [Trial Chamber confers]

14             JUDGE ORIE:  We want D112 on our screen.  Whereas, I think I

15     showed some interest in knowing the document you just tendered, which,

16     apparently, is then not the same, because you don't have to tender D112

17     as it is in evidence.

18             MR. SHIN:  Yes.  You're absolutely correct, Your Honours.  I had

19     overlooked tendering that document which is why it comes at this point in

20     the questioning.  But that is not the document that we we've been

21     discussing in terms of agreements and protocols.

22             JUDGE ORIE:  You -- the document you tendered.  You said we had

23     not seen it.  You have asked questions about what the witness had seen or

24     had not seen and what he saw for the first time.

25             Now, for the Chamber, it would be interesting to know what these


Page 7618

 1     documents are, in order to understand the testimony.

 2             MR. SHIN:  Yes.  Absolutely, Your Honours.  I'm sorry if I wasn't

 3     clear.  The -- one set of questions had leapt into a nub into the other.

 4     In order to be clear which documents the witness had seen in the last few

 5     questions, I would like to turn to D112 so that Your Honours can be

 6     completely clear in which documents the witness was talking about.

 7             JUDGE ORIE:  Well, if that is the one, of course, we could have

 8     it on our screens, but we are somewhat familiar with it.

 9             MR. SHIN:  Yes.  And --

10             JUDGE ORIE:  And then we have -- so what you have shown the

11     witness is D112, I understand.  And, at the same time, what you are

12     tendering is something totally different.

13             MR. SHIN:  If I could just clarify, I had been asking about 15756

14     where the issue had arisen about retrieving weapons from the Weapons

15     Collection Points, and I had segued into a set of questions relating to

16     what the underlying agreement that governed that kind of action was, and

17     I had neglected to turn directly to the specific agreement in order to

18     clarify this second half of the questions.  And I apologise for that,

19     Your Honours.

20             JUDGE ORIE:  Yes.  But the first thing therefore you'd like to do

21     is what we have seen on our screen previously is to tender 15756 which

22     meanwhile has been provided number P815.

23             Let's first decide on admission.  P815 is admitted into evidence.

24             And I now do understand that the questions you asked the witness

25     about, whether he had seen it, and where he said he had not seen it at


Page 7619

 1     the time, you were referring to D112.

 2             MR. SHIN:  Yes, Your Honours.  And in particular to pages on the

 3     e-court of three -- I believe four and five of that document.  So I can

 4     quickly --

 5             JUDGE ORIE:  That's the protocol --

 6             MR. SHIN:  Yes.

 7             JUDGE ORIE:  -- which is dated somewhere in February, I think.

 8     And the cover page being a document something in August, I think.

 9     That's ...

10             MR. SHIN:  Yes.  The witness did not see the cover page.

11             JUDGE ORIE:  Has not seen the cover page.  So he has not been

12     shown D112 but only a portion of that.

13             MR. SHIN:  Yes, that's correct.

14             JUDGE ORIE:  The last two pages --

15             MR. SHIN:  The last two pages.  But also the one page signed

16     points of agreement.  Which is the --

17             JUDGE ORIE:  Let's have a look at D112.  And let's see what was

18     shown to him and what was not shown to him.

19             MR. SHIN:  If I could on this exhibit, page 3 brought up, please.

20        Q.   Mr. Witness, is this page the exclusion zone agreement that you

21     had referred to that forbid the withdrawal of heavy weapons from the

22     WCPs?

23        A.   Yes, it is.  It is the agreement signed by Mr. Karadzic and the

24     boss of the UN.

25        Q.   And if we turn to the next page, we see this document has a


Page 7620

 1     different name, "Protocol of Understanding."

 2             Is this the document that you referred to as having seen for the

 3     first time?

 4        A.   Indeed.  This document I saw it first when it was shown to me for

 5     the proofing of this testimony.  I had seen the previous document but not

 6     this one.

 7             JUDGE ORIE:  That's clear now.

 8             MR. SHIN:  Yes.  And, once again, Your Honours, my apologies for

 9     not having been more clear about that.

10             If I could, please -- if we could please go into -- actually,

11     we'll remain in public session and go to document 65 ter 09321, please.

12             JUDGE ORIE:  You're close to the 90 minutes you requested,

13     Mr. Shin.  You are aware of that.

14             MR. SHIN:  Yes, Your Honours.  I will try to go as quickly as I

15     can to -- to adhere to that.

16             JUDGE ORIE:  That's understood.  That's the good intentions

17     always expressed by everyone.  When will you finish?  That's the more

18     relevant question.

19             MR. SHIN:  Your Honours, if I may have 15 minutes, please.

20             JUDGE ORIE:  We have ten minutes until the break.  If you would

21     try to conclude within those ten minutes.

22             Please proceed.

23             MR. SHIN:  Yes, of course, Your Honours.  Document 09321.

24        Q.   Mr. Witness, this appears to be a memo from David Harland to

25     John Ryan dated 20th July 1995.


Page 7621

 1             And, unfortunately, we'll have to go into private session,

 2     please.

 3             JUDGE ORIE:  We move into private session, please.

 4                           [Private session]

 5   (redacted)

 6   (redacted)

 7   (redacted)

 8   (redacted)

 9   (redacted)

10   (redacted)

11   (redacted)

12   (redacted)

13   (redacted)

14   (redacted)

15   (redacted)

16   (redacted)

17   (redacted)

18   (redacted)

19   (redacted)

20   (redacted)

21   (redacted)

22   (redacted)

23   (redacted)

24   (redacted)

25   (redacted)


Page 7622

 1

 2

 3

 4

 5

 6

 7

 8

 9

10

11 Page 7622 redacted. Private session.

12

13

14

15

16

17

18

19

20

21

22

23

24

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Page 7623

 1   (redacted)

 2   (redacted)

 3   (redacted)

 4   (redacted)

 5   (redacted)

 6                           [Open session]

 7             MR. SHIN:  Could I please have -- I'm sorry.

 8             THE REGISTRAR:  Your Honours, we're back in open session.  Thank

 9     you.

10             JUDGE ORIE:  Thank you, Mr. Registrar.

11             Mr. Shin, I noticed that we had a bit of a late start in that

12     last session.  We'll take the break at 11.30, so that's the time you've

13     still got.

14             MR. SHIN:  Thank you very much, Your Honours.

15             Could I have 65 ter 12134 brought up on e-court, please.

16        Q.   Mr. Witness, the -- we're still waiting for the English.

17             If you take a look at the screen, did you have -- do you

18     recognise this document as a -- one that you reviewed in preparation for

19     your testimony here today?

20        A.   Yes, indeed, I do recognise it.

21        Q.   Now, in your amalgamated statement - and I would refer to page 10

22     of the English and French and page 14 of the B/C/S - you mention a

23     liaison officer, Colonel Indic, but you also mention that there was

24     another one named Brane but you could not remember his surname.  When you

25     met this Brane, do you recall what his rank was?


Page 7624

 1        A.   I might be mistaken.  I thought that he was a lieutenant-colonel.

 2     Maybe I'm mistaken.  I don't know anymore.  The first name was, I'm sure,

 3     Brane.  But his last name I don't know or I don't remember anymore.

 4        Q.   Now, if we take a look at this document, we see that it's dated

 5     29 October 1993.  So outside of your time-period.  But I'll focus my

 6     questions on -- on factors that -- that would not require your specific

 7     knowledge of the events.

 8             We see in the first paragraph -- I'm sorry, let me back up and

 9     say:  This document we see in the upper left-hand corner is from the SRK

10     command group for co-operation with UNPROFOR Command.  And we see in

11     page 2 of the English and just that one page in B/C/S, that it is signed

12     by Major Milenko Indic.

13             Now on this first paragraph it states:

14             "Captain Brane Luledzija has been appointed a permanent member of

15     the staff for assisting Serbs in Sarajevo.  Absolutely no opinions were

16     sought prior to this.  Please state your view."

17             Now, first, we see that this letter -- this document is called a

18     daily report and that it is addressed to the Main Staff of the Army of

19     the Republika Srpska.  Does looking at this document refresh your

20     recollection as to whether this Captain Brane Luledzija is a liaison

21     officer named Brane that you had met during your time in Sarajevo?

22        A.   I think, with all reservation about the first name, that's

23     probably him.  But I couldn't say so 100 percent.

24        Q.   And we may have other evidence on this, Your Honours.

25             The -- when we look at this first paragraph and the sentences I


Page 7625

 1     just read, how -- is it -- can you tell us how that bears on your

 2     understanding of the role of Colonel Indic and the relationship among

 3     General Milosevic, General Mladic, and Colonel Indic?

 4        A.   I think that reading this document signed at the time by the

 5     Major then-Lieutenant-Colonel Indic, one might think that his role was

 6     beyond his rank, meaning that with the SRK, he had a control position

 7     that was granted to him by an external authority of a higher level.

 8     Thus, Major Mladic [as interpreted] was, indeed, the one who, with

 9     General Milosevic, was a control supervisor, he was controlling and

10     monitoring the thought and the action of General Milosevic.

11        Q.   Thank you, Mr. Witness.

12             MR. SHIN:  And, Your Honours, the Prosecution would tender 65 ter

13     12134 as a public exhibit.

14             JUDGE ORIE:  Mr. Registrar.

15             THE REGISTRAR:  Exhibit P817, Your Honours.

16             JUDGE ORIE:  P817 is admitted into evidence.

17             I put on the record that page 48, line 4, there seems to be an

18     error where Major Mladic should read Major Indic.

19             Please proceed.

20             MR. SHIN:  Thank you very much Your Honours.

21             Could we please go into private session now.

22             JUDGE ORIE:  For the last three minutes, we move into private

23     session, Mr. Shin.

24                           [Private session]

25   (redacted)


Page 7626

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11 Pages 7626-7627 redacted. Private session.

12

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18

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24

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Page 7628

 1   (redacted)

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 3   (redacted)

 4   (redacted)

 5   (redacted)

 6   (redacted)

 7   (redacted)

 8   (redacted)

 9   (redacted)

10   (redacted)

11   (redacted)

12                           [Closed session]

13   (redacted)

14   (redacted)

15   (redacted)

16   (redacted)

17   (redacted)

18   (redacted)

19   (redacted)

20   (redacted)

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22   (redacted)

23   (redacted)

24   (redacted)

25   (redacted)

 


Page 7629

 1   (redacted)

 2                           [Open session]

 3             THE REGISTRAR:  Your Honours, we're in open session.  Thank you.

 4             JUDGE ORIE:  Thank you, Mr. Registrar.

 5             [Interpretation] Mr. Witness, you will now be cross-examined by

 6     Mr. Lukic.  Mr. Lukic is a Defence counsel for Mr. Mladic.

 7             MR. LUKIC:  Thank you, Your Honour.

 8                           Cross-examination by Mr. Lukic:

 9        Q.   [Interpretation] Good morning, sir.

10             You have the French version of your statement in front of you.

11        A.   Yes, I do.

12        Q.   Please, whenever you feel the need to use it, do take it and find

13     the paragraphs that we shall be referring to.  And, of course, the

14     statement will be up on the screen as well.

15             First of all, the statement that we would like to see is P807.

16             JUDGE ORIE:  Not to be shown to the public.

17                           [Trial Chamber confers]

18             JUDGE ORIE:  Apologies, Mr. Lukic.  Please proceed.

19             MR. LUKIC:  Thank you, Your Honour.

20             When you said not to be shown.  We don't see it on the screen.  I

21     think you mentioned not to be shown outside the courtroom.

22             JUDGE ORIE:  Yes.  I meant not to be shown to the public and that

23     triggered --

24             MR. LUKIC:  So can we have this.

25             JUDGE ORIE:  -- another discussion in relation to the protective


Page 7630

 1     measures, which is separate from this one.

 2             Yes, please --

 3             MR. LUKIC:  Thank you.

 4             JUDGE ORIE:  -- continue.

 5             MR. LUKIC:  First, we need page 5 in French; page 5 in English;

 6     and page 6 in B/C/S versions.  Or whatever can be put on the screen.

 7        Q.   [Interpretation] You can see only two statements on the screen.

 8     We have the B/C/S and the English versions.

 9             Would you be so kind as to use your hard copy in French, and I

10     will always tell you what page we are referring to and approximately

11     which paragraph.  So it is French page 5, paragraph 2, that you should

12     refer to.

13        A.   Very well.

14   (redacted)

15   (redacted)

16   (redacted)

17   (redacted)

18   (redacted)

19   (redacted)

20             JUDGE ORIE:  Mr. Lukic, we move into private session.

21                           [Private session]

22   (redacted)

23   (redacted)

24   (redacted)

25   (redacted)

 


Page 7631

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11 Page 7631-7640 redacted. Private session.

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18

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20

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22

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24

25


Page 7641

 1   (redacted)

 2   (redacted)

 3   (redacted)

 4   (redacted)

 5   (redacted)

 6                           [Open session]

 7             MR. LUKIC: [Interpretation] And in e-court could we take a look

 8     at --

 9             THE REGISTRAR:  Your Honours, we're in open session.  Thank you.

10             JUDGE ORIE:  Thank you, Mr. Registrar.

11             MR. LUKIC: [Interpretation] Now I would kindly ask to call up

12     Exhibit P334.

13        Q.   First of all, let me ask you.  This is an agreement that was

14     concluded before your arrival in Sarajevo.  It's dated the 5th of June,

15     1992.

16             In your work, were you made aware of the existence and substance

17     of this agreement?

18        A.   Yes.  I knew that there had been an agreement at the time when

19     the airport was placed under the authority of the UN forces.

20        Q.   Were you aware of the substance of the agreement, the content?

21        A.   I can't be positive, but I'm sure that I must have seen this in

22     the bundle of documents I had access to.  But I can't really tell you for

23     certain that I had seen this one before, but I believe so.

24        Q.   We need page 2 in the English version.  We also need page 2 in

25     B/C/S.  Unfortunately, we don't have the French version.


Page 7642

 1             You can follow this in English, isn't that right, you can follow

 2     what is written here?

 3        A.   Yes, I can follow.

 4        Q.   Thank you.

 5             MR. LUKIC: [Interpretation] We need paragraph 6.

 6        Q.   We see that UNPROFOR takes upon itself the obligation to control

 7     all incoming personnel, cargo, and other items to ensure that no war-time

 8     materials are imported and that the airport's opening is not otherwise

 9     abused in any way.

10             At the time, were you aware of the content of this paragraph in

11     the agreement?

12        A.   Yes, I was aware of that.

13   (redacted)

14   (redacted)

15   (redacted)

16   (redacted)

17   (redacted)

18             Let me check.  Are we in -- in private session here or?

19             JUDGE ORIE:  We are in open [realtime translation read in error

20     "private"] session.

21             THE WITNESS: [Interpretation] So we have never been aware of

22     the --

23             JUDGE ORIE:  In order to avoid whatever misunderstanding, the

24     transcript now reads that we are in private session, but I said that we

25     are in open session.


Page 7643

1             Please proceed.  If there's any need for us to go into private

 2     session, just let us know.

 3             THE WITNESS: [Interpretation] Yes.  I would like to go to private

 4     session, please.

 5             JUDGE ORIE:  We move into private session.

 6                           [Private session]

 7   (redacted)

 8   (redacted)

 9   (redacted)

10   (redacted)

11   (redacted)

12   (redacted)

13   (redacted)

14   (redacted)

15   (redacted)

16   (redacted)

17   (redacted)

18   (redacted)

19   (redacted)

20   (redacted)

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25   (redacted)


Page 7644

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11 Page 7644 redacted. Private session.

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Page 7645

 1   (redacted)

 2   (redacted)

 3   (redacted)

 4   (redacted)

 5   (redacted)

 6                           [Open session]

 7             THE REGISTRAR:  Your Honours, we're in open session.  Thank you.

 8             JUDGE ORIE:  Thank you, Mr. Registrar.

 9             Could you answer the question, whether you're aware of the

10     location, as pointed out by Mr. Lukic.

11             THE WITNESS: [Interpretation] We knew that there was a tunnel.

12     We knew that it was in the Dobrinja area without knowing exactly

13     specifically of its location.  And the UNPROFOR trucks that were going by

14     on the road were not concerned with knowing if there was an entrance or

15     an exit of a tunnel.  That was absolutely not their assignment.

16             MR. LUKIC: [Interpretation]

17        Q.   Do you believe that that was not the task of UNPROFOR, even in

18     this situation when UNPROFOR had information to that effect, that

19     military equipment and materiel, arms, and ammunition were being carried

20     through the tunnel?

21        A.   As I told you earlier, we had knowledge of a rumour on the

22     existence of the tunnel without knowing if it was a reality, nor its

23     exact reality, and without being concerned nor knowing what was going

24     through the tunnel.

25             JUDGE ORIE:  Could -- could we -- Mr. Lukic, we could spend ages


Page 7646

 1     on it.

 2             Could I ask you a very direct question:  Was it convenient not to

 3     know any more than you knew on the basis of rumours?

 4             THE WITNESS: [Interpretation] No, it was not the assignment that

 5     was mine.  I had received several tasks.  I knew the protocol.  And to be

 6     abrupt, I should say that I should not have tried to know if this tunnel

 7     that was talked about by everybody, what was happening inside that, that

 8   (redacted)

 9   (redacted)

10             JUDGE ORIE:  That's not exactly an answer to my question.  My

11     question was whether it was convenient not to know.  And, of course, if

12     you would have had a duty to find out, you might have had to perform that

13     duty.  But was it convenient for you not to know what was happening in

14     the tunnel and the exact location of the tunnel?

15             THE WITNESS: [Interpretation] No.  If I had been given the order

16     to get more data, I would have done so, but it's not a convenience or

17     not.  For me, I had assignments.  I had tasks.  I never thought that I

18     could use this argument in order to fulfil my assignment.

19             I might not have understood you exactly, Your Honour.

20             JUDGE ORIE:  Well, sometimes in a complex situation where you are

21     dealing with two factions which are constantly having trouble with each

22     other, I can imagine that, if such a tunnel would exist, that it would

23     perhaps be used for several purposes which might have complicated the

24     situation and that, therefore, it may be sometimes convenient not to

25     know.  Because it would complicate many of your other discussions.


Page 7647

 1             THE WITNESS: [Interpretation] It is certain that it was outside

 2     of my purview and that it was more convenient, indeed, not to be

 3     concerned with it.

 4             JUDGE ORIE:  Thank you.

 5             Please proceed, Mr. Lukic.

 6             MR. LUKIC: [Interpretation] Thank you.  We'll move on.

 7        Q.   Now we would need page 11 in the French version, first paragraph,

 8     of your statement.  And in the English version, page 10, last paragraph,

 9     first sentence.  And in B/C/S, page 15, first paragraph.

10             On this page, this is what you say:

11             "There was not a clear line of separation between the parties."

12   (redacted)

13   (redacted)

14   (redacted)

15   (redacted)

16   (redacted)

17   (redacted)

18   (redacted)

19   (redacted)

20             JUDGE ORIE:  Yes.

21             MR. SHIN:  Your Honour, my apologies for interrupting.  And my

22     apologies, Mr. Lukic.

23             But we're in open session and I think there may be

24     some [Overlapping speakers] --

25             JUDGE ORIE: [Overlapping speakers]...


Page 7648

 1             MR. SHIN:  -- keep this in mind.

 2             JUDGE ORIE:  Yes, we should keep that in mind.

 3             Mr. Lukic, you will put the next question to the witness so,

 4     therefore, it's for you to consider whether or not to remain in open

 5     session.

 6             MR. LUKIC:  I will move on so we don't -- there is no necessity

 7     to move to a closed session, or private.

 8                           [Trial Chamber and Registrar confer]

 9             MR. LUKIC: [Interpretation]

10        Q.   Sir, you told us on page 11 of the French version of your

11     statement, first paragraph - page 10 of the English version, last

12     paragraph, and page 15, first paragraph - you told us about these

13     provocations that had been staged.  Staged events and provocations.  And

14     you said that you tried to avoid that.

15             Who was it that was staging events?  What is your recollection?

16     Which party was the one staging events?

17        A.   Would you mind specifying?  I -- I do not understand the term

18     "events."  What is it about exactly?

19        Q.   Just a moment, please.  This is what you say:

20             "Given the complexity of the situation and the fact that no clear

21     dividing line separated the forces present, (redacted)

22     (redacted) for making methodical and full reports which would always be

23     submitted to me.  It was a means of having as precise an objective a view

24     as possible of what could have happened and avoid being taken in by

25     provocations or staged events."


Page 7649

 1             JUDGE ORIE:  Mr. Shin.

 2             MR. SHIN:  Your Honours, my apologies for interrupting again.

 3             But bearing in mind that we are in open session and the fact that

 4     this has come up a couple of times, perhaps it might be safer to take a

 5     different course.

 6             JUDGE ORIE:  We turn into private session.

 7                           [Private session]

 8   (redacted)

 9   (redacted)

10   (redacted)

11   (redacted)

12   (redacted)

13   (redacted)

14   (redacted)

15   (redacted)

16   (redacted)

17   (redacted)

18   (redacted)

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23   (redacted)

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25   (redacted)

 


Page 7650

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 5   (redacted)

 6   (redacted)

 7   (redacted)

 8   (redacted)

 9   (redacted)

10   (redacted)

11                           [Closed session]

12   (redacted)

13   (redacted)

14   (redacted)

15   (redacted)

16   (redacted)

17   (redacted)

18   (redacted)

19   (redacted)

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23   (redacted)

24   (redacted)

25   (redacted)


Page 7651

 1   (redacted)

 2   (redacted)

 3   (redacted)

 4   (redacted)

 5   (redacted)

 6   (redacted)

 7   (redacted)

 8   (redacted)

 9   (redacted)

10   (redacted)

11   (redacted)

12   (redacted)

13   (redacted)

14   (redacted)

15   (redacted)

16                           [Open session]

17             THE REGISTRAR:  Your Honours, we're in open session.  Thank you.

18             JUDGE ORIE:  Thank you, Mr. Registrar.

19             Mr. Lukic, you may continue.

20             MR. LUKIC: [Interpretation] Thank you, Your Honours.

21        Q.   Sir, let us go to page 11 of your statement in French,

22     paragraph 2.  Page 11, second paragraph, of the English version.  And

23     page 15, second paragraph of the B/C/S version.

24             You talk about incidents, the aim of which was to create a

25     specific atmosphere.  You said that they started at the local level.  And


Page 7652

 1     then you say:

 2             "However, the incidents aimed against UNPROFOR troops or aimed at

 3     the suffering of the population were never launched at -- were never the

 4     result of the local initiative.  This was conducted by the very top of

 5     the Bosnian Serbs.  I do not believe that a soldier would shoot at an

 6     UNPROFOR soldier or would use guns, artillery, or mortars on his own

 7     without direct authorisation from the authorities in Pale."

 8             You say here:

 9             "In my view, in my opinion, I do not believe."

10             My question is:  Did you ever see an order that regulates these

11     issues that -- that regulated these issues, the issues of the opening of

12     fire at the time when you were holding that position?

13     (redacted)

14     (redacted)

15     (redacted) - felt that killing an UNPROFOR soldier or retrieve weapons at

16     collection points were acts of a very high resonance.  And as indicated

17     on several occasions, we did not think that the overall strategy was

18     coming from the Commander-in-Chief --

19        Q.   Would you pause for a moment, please.

20             We have all that in your statement.  My question had to do with

21     the order.  I'm not sure whether you're getting the right translation.

22             When I say "order," that is something which a unit or a superior

23     officer issues to his subordinates.  Had you ever seen, did you ever see

24     an order ordering the opening of fire?  That is my question.

25             The answer should be, I saw such an order; or I didn't see such


Page 7653

 1     an order.

 2        A.   I really don't see how I could have seen such an order which

 3     would have been given.

 4        Q.   [Previous translation continues] ... I take it that you did not

 5     see any such orders.

 6             Were you in touch with the local level?

 7        A.   What do you mean by "local"?

 8        Q.   You actually define it here as "the local level."

 9             You say it was never the result of a local initiative.  Were you

10     ever in direct contact with the local level that you referred to here,

11     the level which actually launches a local initiative?

12        A.   In the statement, what is meant by "the local level" is the level

13     of the commander of the SRK.

14        Q.   I see.  So as the commander of the Sarajevo-Romanija Corps was

15     the local level, in your perception, the commander of the

16     Sarajevo-Romanija Corps could not have and never issued an order for the

17     opening of fire and the use of artillery weaponry that was comprised

18     within his corps.

19        A.   Could we move into private session?

20             JUDGE ORIE:  We move into private session.

21                           [Private session]

22   (redacted)

23   (redacted)

24   (redacted)

25   (redacted)


Page 7654

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11 Pages 7654-7656 redacted. Private session.

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Page 7657

 1   (redacted)

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 3   (redacted)

 4   (redacted)

 5   (redacted)

 6   (redacted)

 7   (redacted)

 8   (redacted)

 9   (redacted)

10   (redacted)

11   (redacted)

12   (redacted)

13   (redacted)

14   (redacted)

15   (redacted)

16   (redacted)

17   (redacted)

18   (redacted)

19                           [Open session]

20             THE REGISTRAR:  Your Honours, we're in open session.  Thank you.

21             JUDGE ORIE:  Thank you, Mr. Registrar.

22             Please proceed, Mr. Lukic.

23             MR. LUKIC:  Thank you, Your Honour.

24        Q.   [Interpretation] You said that Indic could not command Milosevic.

25     I assume that he could not replace him either; is that correct?


Page 7658

 1        A.   [No interpretation]

 2        Q.   General Milosevic was also in touch with the officers of the

 3     command for Bosnia and Herzegovina; is that correct?

 4             JUDGE ORIE:  Could we first have the answer.

 5             You were asked whether Indic could replace Milosevic.  I think

 6     your answer was that he could not; is that correct?

 7             THE WITNESS: [Interpretation] Yes, that's right.  I said

 8     absolutely not.

 9             JUDGE ORIE:  Please proceed, Mr. Lukic.

10             MR. LUKIC:  Thank you, Your Honour.

11        Q.   [Interpretation] My next question was:  General Milosevic was in

12     contact with the officers of the command for Bosnia and Herzegovina; is

13     that correct?

14        A.   It's not up to know [as interpreted] to know who he was in

15     contact with.  It was up to him and not up to me.  But normally a

16     military chief is, of course, in contact with his superiors.

17             JUDGE ORIE:  Is there any confusion here?

18             MR. LUKIC:  Yes, I think so.

19             JUDGE ORIE:  There is confusion.

20             Witness, the question was whether you have any knowledge of

21     Mr. Indic being in contact -- oh, yes.  Yes, I made a mistake.

22             Whether you have any knowledge about General Milosevic having

23     contact with officers of the command for Bosnia and Herzegovina.  So not

24     the Serb side, but ...

25             MR. LUKIC:  Of command of Bosnia -- for Bosnia-Herzegovina but


Page 7659

 1     for UNPROFOR.

 2             JUDGE ORIE:  Oh, UNPROFOR.

 3             MR. LUKIC:  Yes.

 4             JUDGE ORIE:  That does not appear clearly on the transcript.

 5             Perhaps you rephrase the question now in its final version,

 6     Mr. Lukic.

 7             MR. LUKIC:  Thank you, Your Honour.

 8   (redacted)

 9   (redacted)

10   (redacted)

11   (redacted)

12   (redacted)

13   (redacted)

14        Q.   In contrast, Indic was never in touch with the officers of the BH

15     UNPROFOR Command.

16        A.   I can't answer that question.  I was not informed.

17        Q.   Can you now look at page 13, paragraph 2, of your statement.

18     That is in the French version, page 13 of the English version.  Page

19     18 --

20             THE INTERPRETER:  And the interpreter did not hear what

21     paragraph of the B/C/S version.

22             MR. LUKIC: [Interpretation]

23        Q.   You say --

24             JUDGE ORIE:  Mr. Lukic, what paragraph is it in the B/C/S

25     version?


Page 7660

 1             MR. LUKIC: [Interpretation] Page 18, paragraph 5.

 2             JUDGE ORIE:  Thank you.  The interpreter missed it.

 3             Please proceed.

 4             MR. LUKIC:  Maybe I misspoke.

 5        (redacted)

 6             MR. LUKIC:  Do we have to?

 7             JUDGE ORIE:  We move into private session.

 8                           [Private session]

 9   (redacted)

10   (redacted)

11   (redacted)

12   (redacted)

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Page 7661

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Page 7662

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 8   (redacted)

 9   (redacted)

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11   (redacted)

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13                           [Closed session]

14   (redacted)

15   (redacted)

16   (redacted)

17   (redacted)

18   (redacted)

19   (redacted)

20                           [Open session]

21                           [Trial Chamber confers]

22             THE REGISTRAR:  Your Honours, we're in open session.  Thank you.

23             JUDGE ORIE:  Thank you, Mr. Registrar.

24             We adjourn for the day and we resume tomorrow, Wednesday, the

25     30th of January, at 9.00 in the morning in this same Courtroom III.


Page 7663

 1                            --- Whereupon the hearing adjourned at 1.45 p.m.,

 2                           to be reconvened on Wednesday, the 30th day of

 3                           January, 2013, at 9.00 a.m.

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