160425ED

Page 43568

1 WITNESS: ZORAN STANKOVIC [Resumed]

2 [Witness testified through interpreter]

3 Cross-examination by Mr. MacDonald: [Continued]

4 Q. Good morning, Professor Stankovic.

5 A. [No interpretation]

6 JUDGE ORIE: Could the usher assist. Channel and volume.

7 Can you hear the interpretation now, Mr. Stankovic -- still not.

8 Can you hear the interpretation now?

9 THE WITNESS: [Interpretation] Yes, yes. Yes.

10 JUDGE ORIE: It has been fixed.

11 Please proceed.

12 MR. MacDONALD: Thank you, Your Honours. Your Honours, I plan to

13 play two more of the audio clips, and thanks to Ms. Stewart, I believe

14 that the dialogue and the translation of the dialogue will appear from

15 the CLSS verified translation when they are played on these occasions.

16 JUDGE ORIE: That's good.

17 MR. MacDONALD:

18 Q. Professor Stankovic, I'm just going to remind you of some

19 testimony you gave on Thursday. Then I'm going to play you an audio clip

20 of the conversation between yourself and Ratko Mladic, and then I'm going

21 to ask you some questions.

22 So on Thursday, at transcript page 43557, going into 43558, I

23 said to you:

24 "... well, genocide and war crimes are the most serious crimes.

25 You didn't say anything to him about the severity of a potential

Page 43569

1 sentence, that a life sentence must be prevented?"

2 And you answered:

3 "Well, you know yourself that essentially I cannot give any

4 explanations because I don't see myself as competent, nor could I have

5 discussed his future charges or the length of sentence because, frankly

6 speaking, my influence on this or anyone's, when it comes to that,

7 without the decision of a Trial Chamber, is insignificant or none. So I

8 couldn't have discussed that in the manner that you are now presenting

9 it."

10 And then the Presiding Judge, His Honour Judge Orie said:

11 "What you could have done, tell us about what you did. The

12 question was: Did you say anything to him about -- about the potential

13 sentence? Did you say anything in relation to that, whether you could

14 have done it or not is -- did you or did you not?"

15 And you answered: "No."

16 MR. MacDONALD: So I am going ask now for a clip to be played.

17 For the benefit of the booths it starts on page 5 in both languages.

18 We're looking for the words spoken by Mr. Stankovic: "Well, so then I'm

19 afraid ..."

20 It is going to be clip number 4 which has 65 ter number 01610e.

21 JUDGE ORIE: I don't see anything on our screen yet. There it

22 may come. Yes, there we are. Now we still need English.

23 Please proceed.

24 MR. MacDONALD: Sorry, one more thing, Your Honour. I wonder if

25 it could not be translated so Your Honours can hear the B/C/S original

Page 43570

1 and then you'll see the dialogue on the screen.

2 JUDGE ORIE: Yes, and we start where on the English?

3 MR. MacDONALD: When Professor Stankovic says the words: "Well,

4 so then I'm afraid ..."

5 JUDGE ORIE: Yes, I see it. That's the fifth box from the

6 bottom.

7 Please proceed.

8 [Trial Chamber and Registrar confer]

9 JUDGE ORIE: It's impossible, I understand, to have both the text

10 in e-court and listen to the audio.

11 MR. MacDONALD: I'm happy to say that Ms. Stewart has synced the

12 text in Sanction, so it should simply appear, and we shan't need the

13 e-court, Your Honours. So it should simply appear on the screen in front

14 of you as the dialogue continues.

15 JUDGE ORIE: Okay. We'll wait and see what happens.

16 [Audiotape played]

17 MR. MacDONALD: I wonder if perhaps we could bring the transcript

18 back up onto the screen now.

19 Q. Now, Professor Stankovic, that was you telling Ratko Mladic at

20 the end there that "a life sentence, no matter, you see that, we have to

21 prevent."

22 That's you saying those words, isn't it? And before you

23 answer ...

24 MR. IVETIC: I have an objection. From the B/C/S original it was

25 clear that this was not the end of the discussion, that it was

Page 43571

1 interrupted by the second speaker. So I think to be fair to the witness

2 we have to have the whole part listened and presented because it's all

3 part of one spoken word. So we can't take out of context and add a

4 punctuation point as if the sentence is completed when it's not

5 completed.

6 JUDGE ORIE: Is there anything that follows, Mr. MacDonald, which

7 might accommodate the concerns expressed by Mr. Ivetic?

8 MR. MacDONALD: If we turn the page in the English, Your Honours,

9 certainly not that I'm aware of. To -- if it helps with Mr. Ivetic's

10 objection, the Prosecution is planning to entire the entire transcript so

11 Your Honours can see all the clips we have played in context.

12 MR. IVETIC: Yes, but if you're playing it for the witness, I

13 think the witness is entitled to have the entirety of his sentence before

14 him if you're presenting it to him out of -- out of -- pulling one piece

15 out of context and asking him to comment as to the same.

16 JUDGE ORIE: Well, then, the portion played is what it is. If

17 you think -- you have invited Mr. MacDonald to add context which you

18 consider relevant. If is he not inclined to do, you can do so on

19 re-examination, Mr. Ivetic.

20 What I see is that what then follows is "we have to prevent" --

21 at least in the transcript it reads that Ratko Mladic then says: "Yes,

22 yes." Whatever is there after that, you can certainly raise that.

23 MR. MacDONALD:

24 Q. Professor Stankovic, I'm just going ask you the question again.

25 At the end of the clip we just heard, that's you telling

Page 43572

1 Ratko Mladic that "a life sentence, no matter, you see that, we have to

2 prevent."

3 MR. IVETIC: And, Your Honours, I'm going to object again. He

4 can't say "end quote" if the continuation is the next part, but that

5 implies that it's a --

6 JUDGE ORIE: It's the end of his quote, Mr. Ivetic, and if you

7 want to add quotes later on, and you have now drawn the attention several

8 times to the witness that he should look at what then follows. You could

9 have done that in re-examination and that is an improper way of doing it

10 again.

11 Please proceed.

12 MR. MacDONALD: Thank you, Your Honours.

13 Q. Professor Stankovic, I've read you some of the words you said

14 twice now, and that's you saying those words to Ratko Mladic back on the

15 9th October 1995, isn't it?

16 A. Just one question. Will I be able to get two minutes a bit later

17 so that I can provide my own explanation? I'm talking about the rest of

18 my testimony. And now I will answer. So after listening to this

19 intercept and once your examination is over, I would like to ask the

20 Court to allow me to explain this entire position. But now I will

21 answer.

22 JUDGE ORIE: If you first would please answer the question.

23 THE WITNESS: [Interpretation] I answered. I said yes.

24 MR. MacDONALD: Unless Your Honours have any questions on that

25 clip, I would just seek to move on.

Page 43573

1 JUDGE ORIE: I have a short question.

2 Mr. Stankovic, last Thursday you told us that you couldn't have

3 even spoken about the possible length of a sentence; here you do. Is

4 that -- you're talking about a life sentence. Do you have any

5 explanation as to the answer you give last Thursday and the answer you're

6 giving now?

7 THE WITNESS: [Interpretation] Your Honour, I would like to just

8 say something. I would like to provide a general explanation. I don't

9 want to go into details. But perhaps when the Prosecutor is done with

10 his cross-examination, I wanted to get a couple of minutes just to say

11 something.

12 JUDGE ORIE: No. I'd like to have an answer to my question.

13 Whether -- and I'll rephrase it. Do you agree that what you told us on

14 Thursday is not consistent with what we hear now and the answer you gave

15 today?

16 THE WITNESS: [Interpretation] Yes.

17 JUDGE ORIE: Thank you.

18 Please proceed.

19 MR. MacDONALD: Just before I do, Your Honours,

20 Professor Stankovic made reference to this as an intercept. Just to tell

21 the Court of the origin of this tape, it comes from -- well, it was Ratko

22 Mladic who taped this conversation and we gained custody of it when we --

23 well, we found it in his home, Your Honours.

24 JUDGE ORIE: Before giving Professor Stankovic an opportunity to

25 explain, a general explanation, I would like to hear in two or three

Page 43574

1 sentences from him what he is going to explain.

2 Because your main role here is to answer questions that are put

3 to you. A opportunity will be given to clarify matters as long as it is

4 relevant, and by one or two sentences, perhaps three, you should first

5 introduce what you want to tell us. If that's relevant, we'll give you

6 an opportunity. If we consider it not to be relevant, then we'll stop it

7 there.

8 Please proceed, Mr. MacDonald.

9 MR. MacDONALD:

10 Q. Professor Stankovic, I'm going play one last clip from this

11 conversation for you. Before I do, again, I'd like to remind you of some

12 testimony you gave on Thursday.

13 At transcript page 43557, I said:

14 "Now, Professor Stankovic, the indictment against Ratko Mladic

15 for genocide and war crimes had been issued a couple of months earlier.

16 Your meeting with Richard Goldstone, the man who has signed that

17 indictment, issued that arrest warrant, at this meeting with

18 Ratko Mladic, did you say anything to him like you might try to get the

19 indictment against him withdrawn, or anything along these lines?"

20 And you answered:

21 "Mr. Prosecutor, I'm so small compared to an international

22 tribunal and have so little influence or could have had such influence,

23 that I couldn't have stated something like that."

24 MR. MacDONALD: So I'd now like to play the last clip. It is

25 65 ter number 01610. And, again, Your Honour, thanks to Ms. Stewart --

Page 43575

1 my apologies, Your Honours, 01610f. And thanks to Ms. Stewart, the

2 dialogue should come up on the screen in front of you.

3 [Audiotape played]

4 MR. IVETIC: Your Honours, the part that was played does not

5 correspond to the transcript that was displayed. The additional parts

6 were not displayed but the transcript keeps going on. So there was

7 something unintelligible from Mr. Stankovic and then we heard

8 General Mladic say: "No, no, let them have it," and then in the

9 transcript it says "withdrawn." So we did not have that part of the

10 transcript up on the recording although it was heard.

11 JUDGE ORIE: I think I saw some of "withdrawn" in the last line I

12 looked at. So I do not know what's then --

13 MR. IVETIC: We only had -- in the English on page 6, the last

14 line shown was the third one from the bottom; whereas the audio and the

15 conversation continues after that and we have something unintelligible

16 and then we have Ratko Mladic disagreeing with Mr. Stankovic, saying:

17 "No, no, let them have it withdrawn ..." I think it is very critical to

18 what's being presented and what's being insinuated by the Prosecution.

19 JUDGE ORIE: Could we have the text on the screen again, the text

20 we looked at a second ago.

21 Yes, I -- as a matter of fact, I'd like to see the text we looked

22 at when we listened to the audio. Is it possible to that have text?

23 So -- because that was presented when we listened.

24 [Audiotape played]

25 JUDGE ORIE: This portion we looked at, where is something

Page 43576

1 missing within the confines of what we are looking at?

2 MR. IVETIC: Right after the last words, Your Honour, where it

3 says:

4 "R Mladic: Let them have it be withdrawn ..."

5 That is the third one up from the top in the English in the

6 transcript in e-court. And then the conversation continues. You have

7 Zoran Stankovic saying unintelligible --

8 JUDGE ORIE: Yes, while -- again, if there's anything in addition

9 to what we looked at and that was played apparently if I understand --

10 MR. IVETIC: It was played. So that's the point. It was by the

11 Prosecutor.

12 JUDGE ORIE: Then let's have a look at it in e-court and then we

13 will slowly read -- we are then able to read what was for the witness

14 presented as audio. And could you assist us, Mr. -- have it withdrawn.

15 "Zoran Stankovic: Unintelligible.

16 "Ratko Mladic: No, no, let them have it, and then apparently

17 with a question mark, "withdrawn. No, no, I don't need the indictment at

18 all."

19 Where does it stop, Mr. --

20 MR. IVETIC: Somewhere, I think, in the middle of that last

21 sentence that Your Honour has read, it cut off.

22 JUDGE ORIE: Yes. So somewhere where it reads in my transcript:

23 "No, no, I don't need the indictment" --

24 MR. IVETIC: Yeah, yeah, I think closer to the front, though, of

25 that sentence.

Page 43577

1 JUDGE ORIE: Okay. That is what was played to the witness and

2 what we now have looked at as transcript of the conversation.

3 Please put your question to the witness, Mr. MacDonald.

4 MR. MacDONALD:

5 Q. Professor Stankovic, the clip we just heard, that's you speaking

6 to Ratko Mladic again, isn't it?

7 A. Yes.

8 Q. And when you say, "I'll try to have them deal with the

9 indictment, you know," do you mean that you're going to try and have the

10 indictment withdrawn?

11 A. I have been working in this field as an expert for too long to be

12 able to claim that any indictment could be withdrawn without a trial. So

13 I just wanted to say the following, if you permit me a couple of minutes.

14 At the time the Republic of Serbia and Montenegro did not

15 recognise The Hague Tribunal. The entire material that the committee on

16 gathering information on violations of international humanitarian law was

17 supposed to provide to The Hague Tribunal was handed over to the

18 United Nations in New York. During that time, representatives of Croatia

19 and the Muslim-Croatian Federation provided their material to The Hague

20 Tribunal. As I said, I was processing graves in Eastern Bosnia. I was

21 processing mass graves. I worked in Siroka Kula near Gospic. No one

22 was charged for those crimes.

23 And then, bypassing my state, which did not want to recognise it,

24 I came to the Tribunal on my own initiative, with a group of prisoners

25 who had been in the war.

Page 43578

1 In 1994, there was a person who was raped there. There were people who

2 were abused, such as the priest Perkovic, and we presented this all to

3 the Prosecutor's Office of The Hague Tribunal and we expected some sort

4 of reaction. There was no reaction forthcoming. And so then I began to

5 look for possibilities how to have our material reach The Hague Tribunal

6 and how on the basis of that material people who were responsible for the

7 death of the persons whose autopsies I carried out could be punished.

8 So for that purpose, I was invited to London in May 1995. I went

9 to Nora Beloff's where I spoke with a great number of people. I

10 had a lecture in the Foreign Relations Committee in the British Parliament

11 and also in the biggest military-strategist institute in London. Then I

12 gave a series of lectures at other institutions in Cambridge, and I asked

13 for help to have our documents reach The Hague.

14 That was when people offered to defend Ratko Mladic. They said,

15 We would defend him and also try to overturn the indictment. We would

16 try to have that indictment withdrawn. This was something that I could

17 not decide about by myself. I informed General Mladic about it. He

18 recorded it as he did. It is correct that I did say what you have quoted

19 here, and everyone knows that for genocide, if it is proved, there

20 can be no other sentence other than a life sentence or a death sentence.

21 So then if I used that sentence, it's possible.

22 This is a conversation recorded by General Mladic 21 years ago.

23 Some things -- well, I had a -- many conversations. I failed to see some

24 things. It was not my intention to speak any untruths. But I don't see

25 anything in particular here. I mean, everything that is stated here, I

Page 43579

1 have acknowledged that I said that. Thus, my only efforts at that time

2 were to say that the citizens and Serbs also had victims in the war.

3 Until that time, 1995, there was no indictment issued for that, and

4 these things were evident and everyone was aware of that. That was my

5 only motivation, as far as General Mladic is concerned, and as far as his

6 Defence is concerned. These people said that, We're going to get a

7 team of lawyers together. We will appoint attorneys.

8 We will look at the indictment. We will gather information.

9 They said, We're a large country and we can defend even larger

10 figures than Ratko Mladic, and we wanted to hear back from him.

11 So I was only the messenger conveying this

12 message.

13 JUDGE MOLOTO: May I just ask a question, sir. Which are these

14 people who said that they would defend Mr. Mladic? Can you name them,

15 please.

16 THE WITNESS: [Interpretation] I can just say that we were in

17 Nora Beloff's apartment. She's a well-known journalist. I didn't even

18 know who she was when I was invited to London. I had no idea who she

19 was. I was there, and a group of people gathered in this apartment.

20 They discussed everything that had been going on in the territory of the

21 former Yugoslavia, and, at the same time, they wanted to engage lawyers

22 or jurists who would defend Ratko Mladic. Not only him but other

23 indictees as well.

24 JUDGE MOLOTO: My question is: Who is the person who said, Yes,

25 we will defend Ratko Mladic? What's his name?

Page 43580

1 THE WITNESS: [Interpretation] I cannot talk about names. There

2 was just this woman I knew. There were around ten people in the

3 apartment discussing this, but I cannot tell you their specific names

4 because I don't know them.

5 JUDGE MOLOTO: Thank you.

6 JUDGE FLUEGGE: May I put another question to you.

7 Last Thursday, you were asked about a possible conversation

8 between you and Mr. Mladic. Then you denied to have talked about these

9 matters we are -- we have now listened to.

10 Why didn't you explain on Thursday what you now explained today?

11 THE WITNESS: [Interpretation] Because on Thursday, I couldn't

12 remember all the details. And during the war and after the war, as for

13 my activities on collecting information about war crimes and the

14 autopsies I performed, I couldn't and I cannot remember all the details.

15 I could not even remember where I had slept in London for ten days. I

16 couldn't remember at all. It was just before coming here that I

17 remembered that I had slept at the residence of the Embassy of Serbia and

18 Montenegro in London. So that's the whole truth that I wanted to tell

19 you.

20 JUDGE FLUEGGE: When you spoke on the phone to Mr. Mladic about

21 your conversation with these people you are now referring to, did you at

22 that time know the names of the people you talked to?

23 MR. IVETIC: Your Honours, there might be some confusion --

24 JUDGE FLUEGGE: No --

25 MR. IVETIC: -- you mentioned phone.

Page 43581

1 JUDGE FLUEGGE: -- please. Please don't interrupt me. When you

2 had this conversation we listened to, at that time, did you know the

3 names of these ten people in the apartment of this journalist?

4 THE WITNESS: [Interpretation] No. The only thing I knew was

5 Nora Beloff. There was Marica Mate [phoen], myself, and these people.

6 JUDGE FLUEGGE: Are you telling us that you discussed these

7 serious matters, indictment with respect to genocide, withdrawal of an

8 indictment, presenting evidence about crimes others have committed, and

9 you don't know the people, the names of the people? Are you telling us

10 that story?

11 THE WITNESS: [Interpretation] Yes, that's what I'm saying.

12 Except that I know that this took place in Nora Beloff's apartment and

13 that was even the first time that I saw her. I had never seen her

14 before, nor had I known who she was. That was when I met her for the

15 first time, in May 1995, in London. And that was the first time that

16 they mentioned something like this in relation to Ratko Mladic.

17 There were others in contacts with others, but this time I

18 conveyed this to General Ratko Mladic when he was in Banja Luka. That

19 was before my second visit to London, because I gave another lecture at

20 King's College in Cambridge and I don't remember where else.

21 JUDGE FLUEGGE: Did you at that time know which institutions

22 these people did represent? Where did they come from?

23 THE WITNESS: [Interpretation] No, I only knew what Nora Beloff

24 told me. That's what I knew and nothing else.

25 JUDGE FLUEGGE: Thank you.

Page 43582

1 JUDGE ORIE: I also have a few follow-up questions here.

2 Professor Stankovic, you're an intelligent man. On both issues -

3 that is, talking about possible sentence and the withdrawal of the

4 indictment - last Thursday, you did not respond directly to the questions

5 but started explaining that you couldn't have done it, that you were not

6 in a position to discuss these matters.

7 Instead of giving a direct answer that "I didn't discuss it," you

8 went beyond that, explaining what now, today, turns out to be something

9 inexplainable. Because by telling us that you couldn't have done it,

10 you're telling us that it did not happen. You didn't rely on your

11 recollection, but you reasoned yourself into that answer.

12 Do you have any explanation as to why you -- you did not tell us

13 at that time that you just did not touch upon that matter in the

14 conversation, why you started explaining us that you couldn't have done

15 it?

16 THE WITNESS: [Interpretation] Your Honour, I have told you that I

17 had a great number of activities relating to war crimes in the past

18 period that also had to do with indictment and collection of information.

19 I couldn't remember everything at a given moment. So if that's

20 responsibility and if that's some sort of blame, then I accept that. For

21 some matters, time is necessary. In these three days, I --

22 JUDGE ORIE: Yes. You are again now relying on the lack of

23 recollection rather than to answer my question.

24 I have one follow-up question. Did you consider discussing the

25 withdrawal of the indictment against Mr. Mladic as a detail?

Page 43583

1 THE WITNESS: [Interpretation] In any case, a detail that we

2 discussed while we were in this apartment.

3 JUDGE ORIE: Yes, but I think you explained that you had

4 forgotten because you might not have remembered details. Do you consider

5 the withdrawal of an indictment against Mr. Mladic in his position a

6 detail or would it be a major issue?

7 THE WITNESS: [Interpretation] A withdrawal of the indictment,

8 once it has been issued, is not possible, and I was aware of that. That

9 it was not possible without a trial. So everything that we discussed was

10 a trial, collecting a sufficient amount of information, to have valid

11 information, and only after that withdrawal could take place, or a

12 refutation of the indictment. Nothing else. It's a very difficult and

13 complex issue.

14 If, at that time, my position as a lieutenant colonel of the army

15 and a specialist doctor of forensic medicine was so powerful that I could

16 talk about a withdrawal of the indictment without a trial, then that

17 would mean that something was wrong with me. If I was trying to resolve

18 the issue of an indictment that had been issued in such a manner. In my

19 explanation, I have already said, we had behind us the position of the

20 state, which did not recognise ICTY. And my role was - and I advocated

21 this - that as soon as the Tribunal was formed, that we should collect as

22 much information as we could, and submit it, so that we could counter by

23 this information what we were charged with.

24 JUDGE ORIE: Now you explained to us that you considered it

25 unfair that some were accused, where others were not accused. Had you

Page 43584

1 formed an opinion at that time also about whether there were -- whether

2 there was evidence for the charges brought against the accused, so

3 irrespective of whether others should have been accused as well? Had you

4 formed an opinion about that?

5 THE WITNESS: [Interpretation] The indictments that were issued

6 against these people at the time were based on certain evidence, and the

7 indictments have to be proven in court. So I had the information that

8 the indictments were issued on the basis of certain evidence. Now, to

9 prove the evidence, that was up to the court. And we were preparing to

10 see what the evidence contained and to see what could be said in court.

11 Just as I accepted some matters that are indisputed and that have been

12 proven here in court, and that was our position too. The only problem

13 was that few people were in favour of co-operation with ICTY, and willing

14 to co-operate with it. For example, even after the fall of Srebrenica,

15 it was said that all the documentation was taken by General Mladic, so

16 this was discussed, and we requested that from him. We had a CD that

17 included all the activities of Naser Oric's unit. I see now that the CD

18 is missing.

19 JUDGE ORIE: Yes. Could I ask you a general question. Is it

20 true that in the past, in your dealings with trials in this Tribunal, you

21 went far, far beyond the matters on which you are called today as an

22 expert?

23 THE WITNESS: [Interpretation] Depends on what I was asked. But

24 in terms of all of the issues for which I was engaged as an expert

25 witness, I answered all the questions as an expert witness, and I think I

Page 43585

1 have done so in this trial as well.

2 JUDGE ORIE: I was not talking about what you did in this trial.

3 I'm asking -- I was asking a general question whether, in the past, you

4 dealt with these matters, such as preparing for the Defence, looking at

5 whether an indictment could be withdrawn, possible sentence to be

6 imposed, that you engaged in activities and conversations which went far

7 beyond what your expertise in this case, and in other cases, is about.

8 THE WITNESS: [Interpretation] No. No, I think not.

9 JUDGE ORIE: Thank you.

10 JUDGE FLUEGGE: I have a follow-up question.

11 Mr. Stankovic, were you ever charged with -- in any way with war

12 crimes, by this Tribunal or anywhere else?

13 THE WITNESS: [Interpretation] No.

14 JUDGE FLUEGGE: A minute ago, you said:

15 "... we should collect as much information as we could so that we

16 could counter by this information what we were charged with."

17 Why are you saying "we were charged with"? Who is "we" in this

18 context?

19 THE WITNESS: [Interpretation] Your Honour, everyone talks about

20 individual responsibility before ICTY or any other Tribunal. If somebody

21 commanded army, then, as the leader, he is held responsible but not just

22 for himself, but he is also taken to account for the army that he

23 commanded.

24 General Mladic had 20.000 soldiers who were killed. When I

25 invited him to surrender to ICTY, I had this on my mind. I think that

Page 43586

1 these 20.000 soldiers that he commanded should be mentioned, why they

2 died, under what circumstances, and how. Therefore, if the president of

3 my country is indicted, the whole country is indicted. Because he did

4 not elect himself. He was elected by the citizens, and the consequences,

5 as can be seen, are against the country.

6 In addition to individual responsibility, there is a general

7 responsibility too. So when we talk about this, General Ratko Mladic is

8 not an individual who stands accused. He is indicted together with his

9 army, the army that he commanded. That's how I realise that. I may not

10 be right. Therefore, that was the main point.

11 Since the breakout of armed conflict in the territory of the

12 former Yugoslavia, no one is held responsible for thousands of dead JNA

13 soldiers. I performed autopsies on them, and I requested from the state

14 and from the state leadership to determine truth and to insist that

15 somebody is held responsible for their death. Autopsy report was

16 returned to me from the military court in Belgrade, and I was told:

17 These are the victims of war. I couldn't agree with that. And all the

18 time I have been working on collecting information so that truth would be

19 told about those who perished. Because, as we have seen today --

20 JUDGE FLUEGGE: May I stop you here. It's a lengthy answer to a

21 short question. But that triggers a follow-up question.

22 If I understand you correctly, every Serb soldier is accused if

23 the commander of the army is accused of war crimes. If that is your

24 position and you were a member of the army, is that consistent with your

25 role as an objective expert witness in this Tribunal?

Page 43587

1 THE WITNESS: [Interpretation] Well, please tell me what did I say

2 that's not true and then you may punish me as well.

3 JUDGE FLUEGGE: No. You -- I don't have to tell you anything.

4 I'm asking you. Is your understanding of your role as an expert witness

5 in this trial that you have to defend the Serb army and its commander?

6 THE WITNESS: [Interpretation] I did not defend either the army or

7 its commander. I defended the truth in which I believed on the basis of

8 the analysis of documents. I believe that it followed from generally

9 accepted forensic views, nothing more.

10 JUDGE FLUEGGE: Thank you.

11 JUDGE ORIE: One final question. You expressed your

12 responsibility on withdrawal of indictment without trial. Did you ask

13 anyone about whether that's possible or not?

14 THE WITNESS: [Interpretation] Well, it's the fourth time that I'm

15 saying that I knew there was no one to ask anything. Until an indictment

16 is issued, it's possible to withdraw it. Once it is issued, then the

17 only instance that can withdraw it is either the one who issued it, on

18 the basis of the trial, or if it's decided that it's unacceptable. No

19 one else. I've said this several times now today.

20 JUDGE ORIE: Yes. I said -- I think you said it's not possible

21 to do it without a trial; but, as a matter of fact, it is. But I leave

22 it to that because we're not here to discuss the Rules of Procedure and

23 Evidence of this Tribunal with the witnesses, but since you touched upon

24 it, I just wondered how familiar you were with the details.

25 Mr. Ivetic.

Page 43588

1 MR. IVETIC: If Your Honours are done with questions, I'd like to

2 correct the record.

3 JUDGE ORIE: Yes.

4 MR. IVETIC: At temporary transcript line -- at page 16, line 3

5 through 5, Judge Orie is quoted as saying:

6 "You are again now relying on the lack of recollection rather

7 than to answer my question."

8 Your Honour's question was posed on the prior page, page 15,

9 lines 18 through 21 --

10 JUDGE ORIE: Are you going to correct me or to correct the

11 transcript? I mean, if I said something which is inconsistent --

12 MR. IVETIC: Yes.

13 JUDGE ORIE: -- of course, that's not a correction of the

14 transcript, but that is an objection to how I presented matters to the

15 witness. These two are not the same. I don't mind either of them, if

16 you want to do it, but let's do it under right heading.

17 MR. IVETIC: Okay. I'm try to correct the record so that we have

18 a correct record of what the witness said, what the -- and whether it was

19 or was not an answer to the question that was posed, because there has

20 been an insinuation that it was not an answer to the question. And,

21 Your Honour's question at line 18 through 21 of the prior page:

22 "Do you have any explanation as to why you -- you did not tell us

23 at that time that you just did not touch upon that matter in the

24 conversation, why you started explaining us that you couldn't have done

25 it?"

Page 43589

1 And respectfully, Your Honours, lack of recollection is an answer

2 to your question. So Your Honour's comment that it was not an answer to

3 the question is incorrect.

4 Later on in the transcript --

5 JUDGE ORIE: I asked the witness something different. I think

6 asked the witness why he did not give an answer to the question, say,

7 That's what I did or I don't remember what I did. But why he started

8 explaining in general terms that what we -- he was asked, whether he had

9 done it, that he couldn't have done it rather than whether he did or did

10 not.

11 But let's leave it to that. It's -- I think you've made your

12 point clear and it's on the record --

13 MR. IVETIC: Is your question not accurately recorded, Your

14 Honour? Is that what Your Honour saying?

15 JUDGE ORIE: I'll have a look at it.

16 MR. IVETIC: Okay.

17 JUDGE ORIE: Please proceed.

18 MR. MacDONALD: I think I have just one more question,

19 Your Honour.

20 Q. Professor Stankovic, I'm just going to read one part of the clip

21 we just heard and then I'm going to ask you a question.

22 The part of the clip we just heard, it starts the fourth box in

23 in the page in front of us. For you, Professor Stankovic, you can follow

24 on the screen, it's at the bottom. It starts at the bottom of this page.

25 It will go into the next page. And you stated:

Page 43590

1 "Now, that is why I am going, as I said, these people, because

2 they are very influential people ... I'm going to, when this is over,

3 that we do away with everything we can; so that tomorrow you can move

4 about normally, that you are not proclaimed or that they say: 'He's a

5 war criminal' and whatnot ... we don't want to talk to him, we don't want

6 to go like this."

7 Now, Professor Stankovic, a couple of times now you suggested

8 that this withdrawal of indictment may be linked to a trial, but you're

9 not talking about a trial here back on the 9th of October, 1995. You

10 have no idea at that point if a trial is going to happen. What you're

11 trying to do is get the indictment for genocide and war crimes withdrawn

12 before any trial; isn't that right?

13 A. No, that's not right. Because if an indictment is issued - this

14 is the fifth or sixth time that I am saying this - it means that it is

15 not possible to withdraw it, especially if it's for such serious crimes,

16 except by a decision of the court, as I've already said.

17 MR. MacDONALD: Your Honours, I have no further questions. I do

18 have some documents to tender. I'm not sure if you want to do that as a

19 preliminary after the break, possibly.

20 JUDGE ORIE: Let's do it as a preliminary after the break.

21 Mr. Stankovic, we'd like to see you back in 20 minutes when the

22 re-examination will be conducted by Mr. Ivetic, and perhaps some more

23 questions by the Prosecution.

24 [The witness stands down]

25 JUDGE ORIE: We will resume at five minutes to 11.00.

Page 43593

1 01610a, and the entire transcripts in English and B/C/S are there as

2 well.

3 JUDGE ORIE: Yes. And the length of it because we have listened

4 only to certain portions.

5 MR. MacDONALD: The entire audio clip is just over 18 minutes,

6 Your Honour.

7 JUDGE ORIE: And that is in pages, some --

8 MR. MacDONALD: It's pages 1 to 8 in the English and 1 to 7 in

9 the B/C/S.

10 JUDGE ORIE: Then any objections against the audio?

11 MR. IVETIC: Not at this time, Your Honour.

12 JUDGE ORIE: Mr. Registrar.

13 THE REGISTRAR: That will be Exhibit P7822, Your Honours.

14 JUDGE ORIE: P7822 is admitted into evidence.

15 Professor Stankovic, sorry for dealing with some administrative

16 matters. Mr. Ivetic will now re-examine you.

17 Please proceed.

18 Re-examination by Mr. Ivetic:

19 Q. Good morning again, Professor.

20 A. Good morning.

21 Q. I propose to start where we have left off before the break and

22 the audio recording of that one meeting with General Mladic that you have

23 been discussing.

24 My first question: Last week at transcript page 43563, you

25 started to mention someone named Jonathan Eyal in London. Could you

Page 43594

1 please tell us precisely who that person was and how they fit into what

2 you were doing in London?

3 A. During my first visit to London in May 1995, among other things,

4 I gave a lecture about the victims of war in the largest military

5 strategic institute in Great Britain, abbreviated as RUS. Those who

6 greeted me there were Admiral Cobolt, Jonathan Eyal, and there were a few

7 other people also. I gave a lecture there about these victims.

8 Jonathan Eyal, at the time, was a man who was analysing conflicts

9 in the area of the former Yugoslavia. He was very much quoted in our

10 media, and I can say, judging by that, that he was a significant figure

11 in view of the fact that he looked at what I was talking about, spoke

12 about, victims, Serbs primarily, who were killed up until 1995 as well as

13 the attitude towards those victims. This something that he was

14 interested in and I described to him what I was doing. So practically he

15 was an analyst of those conflicts and that is how he also behaved in

16 these lectures of mine.

17 Q. Okay. And now I want to shift gears and focus on Nora Beloff,

18 who you told us was a journalist and a former member of MI6, I believe.

19 Now, last Thursday, you started to tell us about the meeting at

20 Nora Beloff's apartment once, at transcript page 43558, and you were

21 interrupted and not allowed to continue by the Trial Chamber. Then you

22 also started to talk about Nora Beloff and the meeting in her apartment

23 at transcript page 43561, and then the Prosecution interrupted you and

24 did not let you continue. And then you again tried to talk about the

25 meeting at Nora Beloff's apartment at transcript page 43564, and again

Page 43595

1 the Trial Chamber interrupted you and did not allow you to continue with

2 your answer.

3 What would you have said last Thursday as to the meeting in

4 Nora Beloff's apartment had you been allowed to continue your answer and

5 how similar would it be -- would the continuation of that answer be to

6 what you have told us today?

7 A. Just a couple of things. First of all, I didn't even know who

8 Nora Beloff was. Secondly, she invited me invited via the embassy and I

9 received this invitation some time in early May, and that's the basis on

10 which I went to London. When I got there, I expected a younger person

11 but this person who was dealing with all of this was an old lady who

12 immediately started telling me who she was and then she told me when she

13 was born, which degrees she had. She said, I was in Russia as an agent

14 of this intelligence agency of theirs during World War II. Well, first

15 of all, I said that I'm not an intelligence officer. I'm such and such a

16 person, lieutenant-colonel, and so on and so forth. So that was that

17 conversation.

18 Then she said, Did you bring material that speaks to the

19 suffering of the Serbs? I said yes. And then in that conversation, the

20 first thing was that it was said, Can we speak out, because very little

21 was spoken about Serb victims during that period from the beginning of

22 the war to 1995, what the truth was, and all this information, all the

23 things that we had I brought in the form of autopsy reports. Then I gave

24 an interview to The Times, one to the Strategic Policy, and then there

25 was another large interview. I can't remember who for. After that, we

Page 43596

1 went together to the British parliament where I gave a presentation to

2 the Foreign Policy Committee of the British parliament, all of that.

3 Then I went to Cambridge, and then after that, that was that first part,

4 I talked about the problems that we had with placing the documents that

5 we had on war crimes, that our state did not recognise The Hague

6 Tribunal, that General Mladic did not recognise The Hague Tribunal, that

7 the Republika Srpska leadership did not recognise it. We had problems,

8 but the forthcoming period this would be a major problem for us, nothing

9 would be known about our victims. And then Strategic Policy, it's a

10 magazine that is published, its circulation is about 2.000. They talked

11 about victims in Gospic, the things that were publicly said. At the time

12 that is what was discussed and this is what she told me in the presence

13 of these people, that they would like to defend General Mladic, that they

14 would like to get the indictment, that she would like to have an

15 interview with him, and so all of that was said.

16 And I said, I cannot tell you anything about him. I can convey

17 that him. He is a person who makes own decisions. He does not accept

18 other people's opinions too much. And that was something that I did. I

19 conveyed it. And then, again, they called me once more in September to

20 go, and, again, I went to see General Mladic about this so that we could

21 discuss this matter.

22 Q. And apart from acting as a messenger to convey messages to

23 General Mladic from this group of people in London, and potentially back,

24 did you undertake any other efforts to assist these persons in London

25 with their task of helping General Mladic?

Page 43597

1 A. Well, no. You heard what General Mladic said. Already at the

2 time he was distrustful towards everyone. He trusted just a couple of

3 people, such as General Tolimir. I knew he was recording me. As soon as

4 he told me, Could you please speak up, it was clear to me what he was

5 doing. And in that entire situation, such as it was, I was just a person

6 who was conveying. As for decisions, nobody could interview with his

7 decision-making, least of all me. I was a messenger.

8 I'm going to give you another example.

9 When the Institute for War Documentation of the Netherlands

10 wanted to speak with General Mladic and to collect data, he refused.

11 Then they brought me envelopes for General Mladic, General Perisic, and

12 Karadzic, and some other people. I tried to convey that and to say,

13 These people gave me this. These were sealed envelopes. Answer the

14 questions and I will return them. He said, Take it back. Who told you

15 that you could take that? And I took it back, and I still have it to

16 this day. The envelope is still sitting at my house with its seal

17 intact.

18 Q. And just for sake of clarity, you indicated the Institute for War

19 Documentation of the Netherlands that would be known under the acronym

20 NIOD?

21 A. Yes.

22 Q. And now moving to a slightly different but related topic --

23 JUDGE FLUEGGE: Before you do so, I have one question for the

24 witness.

25 MR. IVETIC: Okay.

Page 43598

1 JUDGE FLUEGGE: You just told us about your conversation and

2 prevention at the Foreign Policy Committee of the British parliament, and

3 I would like to know on whose behalf you told them, "that our state did

4 not recognise the Tribunal, that General Mladic did not recognise it, and

5 that the Republika Srpska did not recognise it"?

6 They're your words you just told us. On whose behalf did you

7 tell them?

8 THE WITNESS: [Interpretation] On my own behalf. Because that was

9 true. As I said in 1994, I was in The Hague with a group of camp

10 inmates, and there was talk about us directly co-operating with The Hague

11 Tribunal because that was the court that was formed. I think Dusan Tadic

12 was already in prison. I visited him on that occasion. I said, That

13 court will pass -- hand down judgements. You must co-operate with them,

14 otherwise the state will just have negative results and negative

15 connotations if it does not do that. So, actually, that was my own

16 personal position on this matter.

17 JUDGE FLUEGGE: Thank you.

18 MR. IVETIC:

19 Q. You indicated last week, I believe, that you had contacts with

20 Carla Del Ponte and others from the Prosecutor's office of the Tribunal.

21 Were any of those contacts to render assistance to General Mladic, or

22 were they to assist the work of the Prosecutor's office of the Tribunal?

23 JUDGE ORIE: Mr. MacDonald.

24 MR. MacDONALD: It's quite a leading question, Your Honours. I

25 wonder if it might be rephrased.

Page 43599

1 JUDGE ORIE: Mr. Ivetic.

2 MR. IVETIC: Okay.

3 Q. In the contacts that you had with Carla Del Ponte and the members

4 of the Prosecutor's office of the Tribunal that you told us about last

5 week, were any of those meetings in relation to assisting General Mladic?

6 JUDGE MOLOTO: [Microphone not activated] Still leading.

7 JUDGE ORIE: Would you please rephrase your question.

8 MR. IVETIC:

9 Q. In relation to the contacts that you had with Carla Del Ponte and

10 the members of the Prosecutor's office of the Tribunal that you told us

11 about last week, what were the topics or themes that were discussed?

12 A. Documents collected by the committee for gathering data on

13 violations of international humanitarian law of the Government of

14 Serbia and Montenegro were discussed. Also, implementing the obligations

15 of the state vis-à-vis The Hague Tribunal. That was discussed. About

16 the arrests of people who had indictments issued against them. This is

17 something that was discussed within the committee for gathering

18 information, and I was only present as a member of the committee.

19 Professor Dr. Zoran Stojanovic, professor of criminal law at the Faculty

20 of Law in Belgrade, who was also the federal minister of justice at the

21 time, was the chairman of that committee.

22 So I was just present at the meeting. I asked, what about

23 evidence that we furnished that had to do with victims in these locations,

24 and when indictments would be issued against those people who were

25 responsible for the deaths of people whose autopsies I carried out. They

Page 43600

1 didn't promise or offer anything to Ratko Mladic. No offers of help of any

2 kind were given. The discussion dealt strictly with adhering to the law.

3 Q. Thank you. And now I want to move to a different topic, and that

4 is your engagement in this case that we are here for today.

5 Could you tell us how and when you were engaged by the Defence

6 for serving as an expert in this case.

7 A. I think it was in late 2014 and early 2015 when the Defence

8 offered me the opportunity to be an expert witness dealing with the mass

9 grave in Tomasica, and I accepted that, and I wrote and submitted the

10 report that I wrote and submitted.

11 After that, in October of last year, after Professor Dunjic died,

12 the Defence again asked if I would accept to speak and to present in a

13 certain way Professor Dunjic's report before The Hague Tribunal's

14 Trial Chamber, in view of the fact that in an earlier period I did an

15 expertise on 2.082 mortal remains in the case of General Krstic. I

16 agreed, and that is how I ended up being an expert witness in these two

17 cases -- in this case.

18 Q. Did you at any point time seek out the Defence prior to that time

19 to seek to be an expert at this trial?

20 A. No, I never offer my services to anyone.

21 Q. And the Prosecution stated at transcript page 43554 that you have

22 a "close personal relationship" with General Mladic. When you attempted

23 to answer that question, they cut you off and did not let you answer that

24 question.

25 Do you consider that you have a close personal relationship as a

Page 43601

1 friend of General Mladic?

2 A. Look, I know that some conversations that I had with

3 General Mladic were recorded by him, but I can say that as far as he is

4 concerned and people like him who lost close family, their children, and

5 whose autopsies I performed, I was ready 24 hours a day to respond to any

6 call from them, to speak with them, about autopsy details or whatever

7 they wished to talk to me about. Therefore, I kept saying -- I

8 kept talking about that special relationship that we have.

9 General Mladic never behaved as a superior officer towards me.

10 He constantly viewed me as the person who performed the autopsy of his

11 daughter and that is how he behaved. He behaved like that. Also, when

12 he was placing his daughter in the coffin, when he placed the makeup on

13 her, this is how he behaved whenever we were in contact. And that is

14 that special relationship that perhaps people cannot or do not want to

15 understand. I pray to God, even though I'm not a religious person, never

16 to have -- never to form friendships in the same way that my friendship

17 with Ratko Mladic was formed, because of the death of his daughter.

18 Q. And you indicated in your answer that -- for people like him who

19 lost close family, their children, and whose autopsies you performed, you

20 were -- you are ready 24 hours a day to respond to any call. In how many

21 cases have you had personal interactions with persons who are family

22 members of -- of persons upon whom you performed an autopsy as a forensic

23 pathologist?

24 A. We made a calculation. Out of 5.000 autopsies of children who

25 were victims during war and that were conducted at the forensic medicine

Page 43602

1 institute of the VMA in Belgrade, we --

2 THE INTERPRETER: Could the witness please repeat what he ...

3 MR. IVETIC:

4 Q. [No interpretation]

5 A. I apologise. We --

6 JUDGE MOLOTO: Could we get a translation of what Mr. Ivetic has

7 just said.

8 THE INTERPRETER: He said: The interpreting service is not able

9 to follow you, Your Honour.

10 JUDGE MOLOTO: Thank you.

11 MR. IVETIC:

12 Q. Now, Professor, could you please start your answer from the

13 beginning and try to speak slower so that the translators can follow you

14 and we can get the entirety of your answer.

15 A. The forensic medicine institute of the military medical academy

16 during the war performed autopsies of 5.000 persons who were killed in

17 the war-torn areas. Each of those bodies were shown to members of the

18 family in view of the fact that all of them or some members of the

19 closest family wanted to see the mortal remains.

20 We estimate that at least four people during these viewings --

21 would attend these viewings and we would show the mortal remains, and

22 this amounts, in the seven or eight years that we did that, to about

23 20.000 family members with whom we were in contact when we were showing

24 the mortal remains of their close ones to them.

25 MR. IVETIC: Sorry, I don't think the last part of the answer was

Page 43603

1 translated. At least I heard something in B/C/S and I heard nothing in

2 English afterwards.

3 JUDGE MOLOTO: Ask the witness to repeat himself.

4 JUDGE ORIE: Perhaps I -- Witness, Mr. Ivetic says that some of

5 what you said was not interpreted. I'll read to you what at this moment

6 we see on our transcript, and please add whatever you may have said in

7 addition to that.

8 The last we read is:

9 "... in the seven or eight years that we did that, to about

10 20.000 family members with whom we were in contact when we were showing

11 the mortal remains of their close ones to them."

12 What did you say after that, if anything?

13 THE WITNESS: [Interpretation] Nothing more than that. It's all

14 there.

15 JUDGE ORIE: Please proceed.

16 MR. IVETIC:

17 Q. Now, Professor, have your interactions with Mr. Mladic, including

18 this one meeting 20-odd years ago, had any effect upon your ability to

19 review the autopsy reports that you reviewed in this case in an objective

20 manner?

21 A. No. My mother, who was an orphan of war and whose father was

22 killed in the World War II, told me when I completed my studies, she

23 said, I suffered a lot, I am from a family of workers and peasants, and

24 it was difficult for me to complete your education. Please never say

25 something that is untrue in your work. Don't add or subtract anything

Page 43604

1 for anyone. I was the best student at school, but after my father's

2 death, I remained in the country and I had to work the fields and I had a

3 hard life. For me this is the greatest obligation and I'm trying to

4 fulfil it to this day with regard to anyone and everyone and everything.

5 Q. And now I want to return to your actual evidence as an expert

6 witness.

7 You have seen now from cross-examination because you were shown a

8 photograph from Dr. Clark and the autopsies that were not provided to be

9 reviewed as part of the autopsy records. How does this compare with the

10 usual practice as to photographs taken during autopsies?

11 JUDGE ORIE: Mr. MacDonald.

12 MR. MacDONALD: Yes. I would object to that question as

13 confusing, Your Honours. Mr. Ivetic introduced the idea that it wasn't

14 reviewed as part of the records and then asks about, from what I can see,

15 taking photographs during autopsies. So I'm not sure which procedure he

16 is actually asking Professor Stankovic to comment upon.

17 JUDGE ORIE: If it is unclear to Mr. MacDonald, perhaps,

18 Mr. Ivetic, you could phrase the question in such a way that he even

19 understands it.

20 MR. IVETIC: Let me try to break it down.

21 Q. Sir, you were shown a photograph said to be taken by Dr. Clark in

22 relation to the six bullets to the head of a particular Tomasica victim.

23 First of all, was that photograph included in any of the autopsy

24 materials that you reviewed from the Tomasica file?

25 A. No, I did not have photographs while reviewing these autopsy

Page 43605

1 reports.

2 Q. The explanation given by the Prosecutor last week was that

3 Dr. Clark had just given them those photographs. How does that compare

4 with the usual procedure of photographs taken during autopsies?

5 A. As soon as the autopsy report is completed, so should be the

6 photographs, and a photo file is compiled as an additional part of the

7 autopsy report. It should be relating to the specific case, Tomasica

8 37-1.

9 Q. And would photographs as part of an autopsy report assist a

10 pathologist, such as yourself, such as Dr. Dunjic, or anyone else, to be

11 able to review and understand those autopsy records better?

12 A. Yes. Especially as photographs from this autopsy were really

13 well taken. They're high-quality photographs, and one may discern in

14 them everything that was done during the autopsy and where the

15 projectiles were found.

16 Q. And is everything depicted in the photographs identified in the

17 written autopsy report description for the injury wound -- for the injury

18 report?

19 A. Even though I requested the Bosnian-Herzegovinian autopsy report,

20 I did not find it among the reports that were submitted, but Dr. Clark

21 described it in several sentences on page -- on one page of his summary

22 report. He says that six projectiles were found in the skull, and he

23 mentioned the exact locations where those projectiles were found.

24 Q. Okay. Now, during the cross-examination at transcript

25 page 43545, you were asked about your previous testimony in the Krstic

Page 43606

1 case in relation to blindfolds at the Srebrenica grave-sites. To refresh

2 your recollection, these are the 367 cases you could reasonably assume

3 were executions, saying those were those including ones -- pardon me.

4 Were those 367 cases including cases where there was only a strip of

5 cloth around the eyes or did they all have ligatures around the hands or

6 legs, if you remember? Do you remember the numbers of each?

7 A. I mentioned that piece of information in the Seselj trial. My

8 finding which has more details was presented in the Krstic case. These

9 were blindfolds, ligatures on the arms and the legs, taken all together,

10 not separately. I don't know how many blindfolds and ligatures on hands

11 and legs there were separately or all together.

12 Q. And in your use of the term "blindfold," can you explain for us

13 forensically the evidence you would like at to differentiate between an

14 actual blindfold, on the one hand, and a strip of cloth that had been

15 tied around the forehead as a bandana that had potentially slipped down

16 post-mortem?

17 A. What I looked at was primarily the description of the blindfold

18 in the autopsy report, whether it extends over the eyelids, is it above

19 the ear lobes or not, or across the ear lobes or below the ear lobes,

20 considering the possibility that blindfolds located above the ear lobes

21 could have been tied across the forehead and may have slipped down,

22 depending on the position of the body in the grave, as we have said, due

23 to the loss of soft tissue in the areas where they were tied and so on

24 and so forth.

25 So primarily, we focused on where and how those blindfolds were

Page 43607

1 tied.

2 Q. And if we could have look at D1448 MFI in e-court, this should be

3 Dr. Dunjic's report that you provided testimony about.

4 MR. IVETIC: And once we have that document, if we could turn to

5 page 70 in the English and page 65 in the Serbian, and I believe it will

6 be at the bottom of the page in both languages. We're still waiting for

7 the, I think, Serbian.

8 Q. And in this section of Dr. Dunjic's report, he is talking about

9 the reporting of Prosecution witnesses. And we see here that as to some

10 of the alleged blindfolds that were recovered by the Prosecution in

11 Srebrenica, these alleged blindfolds are actually recovered loose in the

12 grave rather than being affixed to any bodies?

13 Forensically speaking, to a degree of medical certainty as a

14 pathologist or court forensic expert, can we exclude these blindfolds

15 found looses in the grave, not affixed to bodies, from being strips of

16 cloth that were previously worn as bandanas and slipped off the foreheads

17 of bodies?

18 A. There are several possibilities.

19 First, that the blindfolds slipped from someone's head during the

20 burial.

21 Second, that they may have been on the clothes or somewhere else,

22 not on the head.

23 So these are two main possible causes as to why there are some

24 separate blindfolds in the mass grave. They may have slipped from

25 somebody's head or they may have been on some other part of the clothes

Page 43608

1 and were then found in the mass grave loose.

2 Q. And in relation to the bodies exhumed from graves in Srebrenica,

3 where the strip of cloth goes above the ear, can one with certainty

4 exclude the possibility that these strips of cloth worn bandana-style

5 over the forehead?

6 A. That possibility cannot be excluded.

7 Q. Moving on. You were asked in cross-examination --

8 JUDGE ORIE: Are you changing subject or --

9 MR. IVETIC: Yes, changing subject.

10 JUDGE ORIE: Could I ask, when you prepared this report which was

11 presented in the Krstic case about the 367, did you -- at that time, had

12 you considered also whether what you then described as blindfolds could

13 be bandanas which has -- had slipped down, or had you considered that or

14 not?

15 THE WITNESS: [Interpretation] No. I did not take that

16 possibility into account at the time. It was only when I saw the

17 position of Professor Dunjic that I took this possibility into account

18 and I could not exclude it.

19 JUDGE ORIE: Yes. But it never came to your mind when you

20 drafted the report in the Krstic case?

21 THE WITNESS: [Interpretation] No.

22 JUDGE ORIE: Do you have an explanation as to why you didn't

23 think about that and now, in relation to Dr. Dunjic, his report, that you

24 say you can't exclude it?

25 THE WITNESS: [Interpretation] Well, I simply did not see this

Page 43609

1 possibility. I was not aware of it when I testified. And after having

2 seen Professor Dunjic's report which he envisaged, I could not exclude it

3 any longer. And at the time when I testified as an expert witness, I

4 simply never considered this possibility or whether they wore those

5 bandanas across their forehead or not.

6 JUDGE ORIE: Saying that you can't exclude it. Did you form an

7 opinion about the probability also in relation to the position of the

8 bodily remains in the mass graves? I mean, just for record --

9 THE WITNESS: [Interpretation] Well, I think -- [Overlapping

10 speakers] ...

11 JUDGE ORIE: -- I think I asked whether you formed an opinion

12 about the probability of that also in view of the position of the bodily

13 remains in the mass graves.

14 THE WITNESS: [Interpretation] Yes, you first asked me here what

15 is the position of bodies in a grave, whether they are horizontal or

16 vertical, lying or standing, and I then said that if they were in one of

17 the upright positions, a sitting position or so, then it's possible for

18 such a bandana to slip down. But not necessarily. So I cannot speak

19 with any certainty whether they slipped down or not.

20 JUDGE ORIE: And if the body is horizontal, then you wouldn't

21 consider it a possibility, an option, that the bandanas would have

22 slipped down?

23 THE WITNESS: [Interpretation] The likelihood would be very small.

24 JUDGE ORIE: Thank you.

25 Please proceed, Mr. Ivetic.

Page 43610

1 MR. IVETIC: And just for Your Honours as well, Dr. Lawrence on

2 19th of July, 2013, also talked about the -- of being unable to exclude

3 the possibility of a strip across the forehead falling down across the

4 eyes as the body began to fall part.

5 JUDGE ORIE: Well, it's argument, but you're referring us to

6 relevant portions of the evidence, that's fine.

7 MR. IVETIC: Yes, Your Honour. The Prosecution does it every

8 time, so I think I'm entitled as well to point to evidence that is

9 [overlapping speakers] --

10 JUDGE ORIE: Well, if that is true, neither of you are entitled,

11 let it be clear, even if I said that it's okay at this moment. So I

12 would have accepted that if I were you, but, of course ...

13 MR. IVETIC:

14 Q. Now, during the cross-examination, you were asked about a wound

15 whose scar tissue was shown to you in a photograph and that was at

16 transcript page 43509. And my question for you, sir, is how does --

17 how -- the -- in terms of diagnosing the cause of a wound, is it better

18 to have access to the scar tissue or to the fresh wound? Medically

19 speaking, which is easier to diagnose?

20 A. It's certainly easier to make a diagnosis if you are dealing with

21 a fresh wound.

22 Q. Okay. And at transcript page 43518 to -19, you were asked as

23 follows, beginning at line 21 of that day's transcript. The question

24 posed to you was as follows:

25 "Q. Professor Stankovic, with regard to the criticism of

Page 43611

1 Professor Dunjic of Dr. Clark that he makes an assumption regarding the

2 injuries found on the bodies, that assumption being that the wounds were

3 inflicted in life. If the forensic pathologists who did the thousands of

4 autopsies on bodies and bones from Srebrenica, if each of them had said

5 in their cause of death section, If these wounds were inflicted in life,

6 then they were the direct cause of death, would that resolve the -- that

7 particular criticism of Professor Dunjic?"

8 And your answer was:

9 "I think that it would, yes."

10 And my question for you is a bit different. Would this, as

11 suggested by the Prosecutor, the addition of these words in the pathology

12 reports, would that have resolved the complaints and objections raised by

13 both you and Dr. Dunjic as to the lack of descriptive detail in the

14 trauma or injury section of autopsy reports?

15 A. Yes.

16 Q. Okay. And would the addition of words suggested by the

17 Prosecution have resolved the complaint and objection that both you and

18 Dr. Dunjic raised as to conclusions by Prosecution pathologists that

19 certain injuries were homicide or undertaken with a specific intent?

20 A. I have not understood your question sufficiently.

21 Q. Would -- let me rephrase it this way.

22 Would adding the words "if these wounds were inflicted in life,

23 then they were the direct cause of death," would that have resolved the

24 complaints and objections that you voiced and that Dr. Dunjic voiced that

25 certain Prosecution pathologists were rendering opinions that the death

Page 43612

1 was a homicide or that the injuries were inflicted with a particular

2 intent?

3 MR. MacDONALD: Yes --

4 JUDGE ORIE: Mr. MacDonald.

5 MR. MacDONALD: Thank you, Your Honours.

6 I have no problem with my friend's question up until the last

7 words. We certainly agree that some of the autopsy reports recorded

8 homicide, but, as far as I am aware, they do not say homicidal intent.

9 And I'm unaware of any pathologist concluding upon intent.

10 My friend may be thinking about one of the pathologists talking

11 about post-mortem injuries, but that is a separate issue that Dr. Dunjic

12 raises. It's not to do with the autopsy reports.

13 JUDGE ORIE: Mr. Ivetic, there's a suggestion that --

14 MR. IVETIC: I'm about to actually read that section. If I could

15 just have a moment to find it in my notes from last week.

16 I believe we had -- here it is. We had in Dr. Dunjic's report,

17 at page 26 in the English and in the Serbian it was page 25 at the

18 bottom, a question relating to the results as to Cancari 3 and CR-12,

19 document 00920598 to 652 in relation to C.H. Lawrence. Since I

20 cross-examined him, I'm pretty sure he was a forensic pathologist who was

21 a Prosecution expert witness, but I could be wrong. And in summary, the

22 conclusions from this cite C.H. Lawrence noted under item 12: There were

23 many post-mortem tampering injuries of the skull, ribs, and pelvis which

24 would tend to obscure perimortem injuries in these regions.

25 So that in sense, the pathologist is definitely talking about the

Page 43613

1 injuries being with an intent to obscure perimortem injury and that was a

2 topic that Professor Stankovic testified about last week.

3 JUDGE ORIE: Is it tend or intent? I think that's what keeps you

4 apart which -- a certain situation may tend to -- to -- as it's said

5 here, to obscure, not necessarily intentionally obscure, but which is of

6 a kind that could obscure other injuries which were inflicted at an

7 earlier stage.

8 Mr. MacDonald.

9 MR. MacDONALD: If I might add to this discussion some

10 information, Your Honours.

11 This was raised with Dr. Dunjic in Karadzic testimony and it

12 transpired that the --

13 JUDGE ORIE: Okay, let's -- the -- you have an opportunity to do

14 that in --

15 MR. MacDONALD: But it's about a translation question,

16 Your Honours.

17 JUDGE ORIE: It's a translation question.

18 MR. MacDONALD: Yes. It transpired that the B/C/S that

19 Dr. Dunjic reported had the word "intentional" in it, which did not

20 appear in the original English. That came up in Dr. Dunjic's Karadzic

21 testimony.

22 JUDGE ORIE: Mr. Ivetic, if that assists you in -- at least in

23 the English text that there's no intent mentioned.

24 MR. IVETIC: I've read the English, of course, so I -- I don't

25 have the B/C/S in front of me to make a comparison but I would be happy

Page 43614

1 to do so. And if that's the case, let me rephrase the question a third

2 time to try to avoid that confusion.

3 JUDGE MOLOTO: Just before you do, what does the English say,

4 does it say "tend" or "intent," the one that you are reading?

5 MR. IVETIC: I have to go back and find it. I have been flipping

6 through the pages, but I believe I read it -- the English that I read is

7 the -- is the English of Dr. Dunjic's report, so if there is an issue of

8 the translation, we would have to look at Dr. Lawrence's report, which I

9 don't have in front of me --

10 JUDGE ORIE: Yes --

11 MR. IVETIC: -- at the moment.

12 JUDGE ORIE: As a matter of fact, if the word "tend" would have

13 been written as "intent," the whole sentence becomes rather difficult for

14 me to understand. But if you would verify it, that would be appreciated.

15 But then --

16 MR. IVETIC: If we could limit then --

17 Q. Professor, I apologise. If we could limit, then, my question to

18 the aspect of homicide, would simply adding that "if the wounds were

19 inflicted in life, then they were the direct cause of death," would that

20 affect or change your objections to certain pathologists determining that

21 injuries were the result of homicide?

22 A. Yes.

23 Q. Could you explain that.

24 A. That's what we talked about. If the injuries were sustained in

25 life, if as a consequence of these injuries - for example, the

Page 43615

1 destruction of the bones of the skull - we can say if it's a gun-shot

2 injury to the head inflicted in life, then the cause of death is the

3 destruction and the damage of life-giving centres in the brain, then the

4 cause of death is this gun-shot injury to the head.

5 Q. I feel we are having a translation -- we're missing each other in

6 the translation. Since I'm talking about homicide and ... let me try it

7 this way.

8 Would adding the words "if these wounds were inflicted in life,

9 then they were the direct cause of death," without changing any of the

10 other findings in the autopsy report, would that affect your complaints

11 and objections to certain pathologists making conclusions of homicide or,

12 in the B/C/S, "ubistvo"?

13 A. I want to say what is the origin of death, whether it was

14 homicide or suicide or accidental, if that's what you have in mind, then,

15 in principle, on the basis of all the arguments, it's the Trial Chamber

16 that decides what was the origin of death. At the moment when there is a

17 single gun-shot injury to the head, it may have been inflicted in combat

18 or it may have been execution, intentionally inflicted by another person,

19 that is to say, or it may have been the consequence of suicide or the

20 consequence of an accident. We've had that in the army. If a soldier is

21 cleaning a weapon, then it fires, and then an accident occurs.

22 JUDGE ORIE: Could I ask, is there any dispute about this matter,

23 apart from, of course, the legal connotation of homicide not being the

24 same in every system, but that if you find a dead body with an injury

25 which would -- without any doubt, such as a gun-shot wound in the head,

Page 43616

1 would -- certainly there's a possibility that it would have been

2 inflicted by someone who executed or intentionally killed, but that it's

3 not for a forensic pathologist to decide whether that was the case or

4 whether it may have been an accident, is there any dispute about this?

5 Because that's what you are apparently bringing to our attention.

6 MR. IVETIC: If there is no dispute, then I'm quite happy. But

7 the Prosecution has presented --

8 JUDGE ORIE: Let's -- let's --

9 MR. IVETIC: -- evidence of their own Prosecution expert saying

10 that it is, so ...

11 JUDGE ORIE: Let's first ask whether there's any dispute about

12 that.

13 MR. MacDONALD: Your Honours, from the -- well, from the

14 Prosecution --

15 JUDGE ORIE: Carefully read what I said and tell me whether

16 there's any dispute about that.

17 MR. MacDONALD: We certainly agree that when it comes to whether

18 or not someone has been executed, intentionally killed, are really the

19 question of intent and that's for the Trial Chamber to decide.

20 JUDGE ORIE: Yes. And if it would have been an accident, then

21 you might see exactly the same on the body and the person may have died

22 from that gun-shot injury, but it's not necessarily homicide -- it's --

23 it's -- it -- it may be accidental rather than intentional.

24 That's a possibility. I'm just wondering.

25 MR. MacDONALD: Well, Your Honours, there is a slight difference

Page 43617

1 here in that we understand it is a cultural matter that pathologists,

2 particularly from United States, use "homicide" simply to say the killing

3 of one person by another person without reflection upon intent.

4 JUDGE ORIE: Okay. That's the other matter I raised, which is

5 that "homicide" is not an unambiguous expression in legal terms,

6 depending on the system we're working in.

7 I think we have explored this with sufficient detail.

8 MR. IVETIC: Okay --

9 JUDGE ORIE: Mr. Ivetic, it's time for a break. I would like to

10 know how much time would you still need.

11 MR. IVETIC: I would think six minutes.

12 JUDGE ORIE: Six minutes. That's the type of accurate assessment

13 I like very much.

14 Mr. Stankovic, we'd like to see you back in 20 minutes for

15 another six minutes of re-examination.

16 And how many minutes for you, Mr. MacDonald, as matters stand

17 now?

18 MR. MacDONALD: I'm currently between --

19 JUDGE ORIE: Three and a half?

20 MR. MacDONALD: I'm currently between zero and one question,

21 Your Honour. I'm just trying to decide.

22 JUDGE ORIE: Yes. I'm more interested in minutes than in

23 questions, but -- please, you may follow the usher.

24 [The witness stands down]

25 JUDGE ORIE: We'll take a break and we'll resume at 20 minutes

Page 43618

1 past 12.00.

2 --- Recess taken at 11.59 a.m.

3 --- On resuming at 12.20 p.m.

4 JUDGE ORIE: While we are waiting for the witness to be escorted

5 into the courtroom, Exhibit P7819 was admitted under seal. However, upon

6 verification with the -- verification by the Registry with the

7 Prosecution, there is no need to have it under seal.

8 Therefore, P7819, which are the photos of the bullets to the

9 head, is a public exhibit.

10 [The witness takes the stand]

11 JUDGE ORIE: Mr. Ivetic, I do understand that you need until

12 12.30.

13 MR. IVETIC: Yes, Your Honours.

14 Q. Professor, one last question in relation to the topic we were

15 talking about before the break.

16 You testified several times, and in relation to Dr. Dunjic's

17 report, about the failure of the Prosecution forensic experts to adhere

18 to the classical method of what they note in the autopsies and saying

19 that it -- they often only had summary findings that then could not be

20 verified by another expert. Would that objection or complaint still

21 remain even if the Prosecution experts added words to the effect that if

22 these wounds were inflicted in life, then they were the direct cause of

23 death; that is to say, would the addition of those words affect your

24 complaint as to the failure to adhere to the classical method?

25 A. No. We stated our objection. It is our position that all

Page 43619

1 injuries should be described in detail. As I repeated several times, the

2 place needs to be located, the description given. Everything that has to

3 do with an injury would need to be stated and put into the autopsy

4 report. We believe that only a descriptive diagnosis would be a

5 professional insufficiency, a failure.

6 Q. And you were shown document 33693 during cross.

7 MR. IVETIC: I would ask for that same document to be shown.

8 Q. And I think it was page 3 of the same that you were asked about.

9 This is the autopsy protocol of (redacted) that you yourself were

10 involved in.

11 [Trial Chamber and Registrar confer]

12 JUDGE ORIE: Not to be broadcasted in its unredacted form.

13 MR. IVETIC: Oh, okay. I apologise. Then if we could not

14 broadcast the same. Do we then need a redaction?

15 JUDGE ORIE: I think it was not primarily the name but it was,

16 rather, the details, the content.

17 MR. IVETIC: Okay. And --

18 JUDGE ORIE: But if the Prosecution disagrees, then I'd like to

19 know.

20 MR. MacDONALD: I agree with your assessment, Your Honour.

21 JUDGE ORIE: Please proceed.

22 MR. IVETIC:

23 Q. And, Professor, now we have the document before us. First of

24 all, Doctor, are you asserting a cause of death anywhere in this

25 document?

Page 43620

1 A. Only with a certain degree of probability. Because I repeat --

2 THE INTERPRETER: Could the witness please indicate where he is

3 reading.

4 JUDGE FLUEGGE: We didn't receive interpretation. And when you

5 are reading from the document, please indicate where you are reading

6 from. That would help the interpreters.

7 Please repeat your answer.

8 THE WITNESS: [Interpretation] The document that we can see on the

9 screen, page 3, the section, opinion, item I:

10 "The body of a male exhumed from the soil in a skeletonized

11 state. The autopsy alone cannot establish with certainty the actual

12 cause of death."

13 MR. IVETIC:

14 Q. And last week we already talked about the correct translation of

15 the fifth item under your opinion as to what degree of probability you

16 were assigning. Can you identify for us the various levels of

17 probability that are used in forensic work of a pathologist and where on

18 this scale these findings would lay.

19 A. In principle, there are three degrees of probability, or, rather,

20 three degrees that we use in forensic medicine. Definite is one of them,

21 where the answer implies that there are no dilemmas; most probably, where

22 it is indicated that the opinion is most probably correct but not

23 100 per cent certain; and then reasonably. It can reasonably be assumed

24 where an assumption can be made but it does not have to be that

25 necessarily. In short, that is the lowest possible degree of

Page 43621

1 probability, meaning that there are reasonable grounds to assume

2 something, and that would be the lowest degree of certainty or

3 probability.

4 Q. Okay. And now my last question is on another topic. At

5 transcript page 43543, you were asked about Dr. Haglund's revised story

6 about the role of Prosecutor Peter McCloskey in the collection of autopsy

7 records and the examinations of the San Antonio Oversight Committee, and

8 the question that was posed to was as follows:

9 "Q. You'll know that Dr. Haglund said at transcript page 14920

10 to 14921: 'That's -- that's -- that's what they questioned, and actually

11 Mr. McCloskey took the -- all of the writings on how -- what the -- what

12 the pathologists had done and he went all over the world, and -- to see

13 if they needed to have their -- their writings changed or if they were --

14 if it was the same way it was, and then they would change it, and then he

15 would go on to another country and find another people. So he went

16 basically all to the -- I think there were 30, 30-some pathologists that

17 we had from Turkey, England, United States and all over. And that's --

18 he carried things around, but Mr. McCloskey, of course, didn't change

19 anything. It was none of his business. He just took it to the

20 pathologists.'"

21 And now the question I want to ask of you, Professor, from the

22 standpoint of a forensic science expert and forensic pathologist, how do

23 you consider these activities in the revised account of Dr. Haglund, are

24 they in accord with the generally accepted practice relating to

25 autopsies?

Page 43622

1 JUDGE ORIE: Mr. MacDonald.

2 MR. MacDONALD: Yes, Your Honours. I'm just wondering of my

3 friend's use of the "revised." Revised story, revised account. So

4 far -- as far as I am aware -- I'm not sure if my friend is implying that

5 Dr. Haglund once said one thing and now says something else.

6 If he could just clarify that.

7 MR. IVETIC: Yes, Your Honours. In presenting this to the

8 witness in cross-examination, the Prosecution was relying upon what had

9 been taken from Haglund's previous testimony and was in the Dunjic

10 report, and they were saying that Haglund had explained that in a

11 different way, with more details, subsequent to that and they were asking

12 that of this witness. And so it is a revised account. It is a

13 subsequent account that gives more details than what was cited in the

14 Dunjic report as to these matters - I'm trying to find the page number of

15 the same right now --

16 JUDGE ORIE: Whether or not subsequent or revised, let's focus on

17 what he says here. And you are, I think, asking about how -- whether

18 it's appropriate to do it this way and you're focusing on this account.

19 MR. IVETIC: That's correct. And I can give you the 65 ter

20 number of the prior account where he has a different description and that

21 is P1831 in our case, English page 11.

22 JUDGE ORIE: Okay. Let's focus on what you want to hear from the

23 witness.

24 MR. IVETIC: Okay.

25 Q. Professor, you've heard what Mr. Haglund said that

Page 43623

1 Prosecutor McCloskey was involved in. From the standpoint of a forensic

2 pathologist and expert in forensic science, how do you consider these

3 activities? Are they in accord with the generally accepted practice in

4 the field as you know it?

5 A. No. It would be realistic to expect that if somebody wanted to

6 verify somebody's findings, they would request that in writing and would

7 also submit the entire material to the expert they were engaging, with

8 specific questions, requesting specific answers to the things that they

9 were interested in. It is not customary for a member of the Prosecution,

10 or anyone else from the investigation side, carries documents around

11 without having a written order as to what somebody was supposed to say

12 about a specific document. And it's not customary for what is written

13 then is not then in the documents that are being discussed today.

14 Q. Okay. Professor, I thank you for answering my questions. I have

15 no further questions for you. And thank you for your patience. I know

16 we went longer than anticipated.

17 JUDGE ORIE: Thank you, Mr. Ivetic. Well, six minutes became 12,

18 but, still, a very limited number of minutes.

19 Now you, Mr. MacDonald.

20 MR. MacDONALD: No questions, Your Honour.

21 JUDGE ORIE: No questions.

22 Professor Stankovic, this concludes -- if my colleagues have no

23 further questions and I don't have any further questions for you, this

24 concludes your testimony in this court. I'd like to thank you very much

25 for coming a long way to The Hague and for having stayed with us for

Page 43625

1 THE WITNESS: [Interpretation] Good afternoon. I solemnly declare

2 that I will speak the truth, the whole truth, and nothing but the truth.

3 WITNESS: SVETLANA RADOVANOVIC

4 [Witness answered through interpreter]

5 JUDGE ORIE: Thank you. Please be seated.

6 THE WITNESS: Thank you.

7 JUDGE ORIE: Professor Radovanovic, you'll first be examined by

8 Mr. Ivetic. No need to say that he's to your left.

9 Mr. Ivetic, you may proceed.

10 MR. IVETIC: Thank you. If we may perhaps have the microphone

11 adjusted downwards. I suspect we night have some issues from the booth

12 if it's not.

13 Examination by Mr. Ivetic:

14 Q. Good day, Professor. It's good to see you again.

15 A. Good day.

16 Q. Since we have last time gone through your background, your

17 career, and your CV, I will not do so again today, but I would ask that

18 you please state your full name for purposes of the record.

19 A. Svetlana Radovanovic.

20 Q. And if you could tell us, Professor, were you tasked by the

21 Defence team in relation to the Tomasica evidence?

22 A. Yes.

23 MR. IVETIC: And before we get to the terms of that tasking, I

24 would like to take a look in e-court at 65 ter number 1D06184, of which I

25 have a hard copy to be given to the witness to assist her in going

Page 43626

1 through the same. Thank you.

2 Q. And my first question, Professor: Do you recognise this document

3 that you now have in hard copy and which we have on our screens before

4 us?

5 A. Yes.

6 Q. And could you please tell us what this document is.

7 A. This is a report that I wrote after looking at the report and

8 other materials used by the Prosecution expert, Dr. Tabeau.

9 Q. Did anyone other than yourself take part in the drafting of this

10 report?

11 A. No.

12 Q. Do you stand by the report as written or are there any

13 typographical errors or other errors that you wish to correct with us

14 today?

15 A. I do want to correct some errors.

16 Q. If we could first turn to page 17 in the Serbian and page 13 in

17 the English, and I would like to focus on footnote number 26 of the same.

18 And in relation to footnote number 26, what would you like to draw to our

19 attention or correct here?

20 A. This footnote, footnote 26, should say "See footnote 24."

21 Q. Okay. And now if we can look at page 20 in the Serbian and it

22 will be page 16 in the English, and paragraph number 42 of the report.

23 And if you could take a look at that and tell us -- actually, we should

24 wait for the -- okay, now we have it in both languages.

25 Professor, if you could look at paragraph 42 and tell what us you

Page 43627

1 would like to say about this paragraph and any corrections necessary.

2 A. This paragraph should be omitted because yesterday I established

3 that the quote that I cite here, the quotation of Dr. Tabeau, does not

4 correspond to the English because the translation actually is different.

5 Q. Okay. And when you say the translation is different, are you

6 referring to the Serbian translation that was provided of Dr. Tabeau's

7 report?

8 A. Yes, I received an official or a certified copy of Dr. Tabeau's

9 report, and this translation does not correspond to the report that is

10 written in English.

11 Q. Okay.

12 JUDGE ORIE: Apart from striking it from this report, could I

13 invite the Prosecution to present a new translation because it's a B/C/S

14 translation and apparently there's a translation error. If it's there,

15 the existing one should be replaced by the new one.

16 MR. IVETIC: It is a slight error. I don't know if we can deal

17 with it in court. It's basically that "DNA" has been inserted in the

18 Serbian where there is no "DNA" if we're matching in the English. So

19 it's -- it's a small error that could perhaps be dealt with --

20 JUDGE ORIE: If it explains a wrong paragraph in the new report,

21 then there must be -- there must be really a difference between the two.

22 Otherwise -- so therefore I would like to have it verified exactly what

23 now the proper translation in B/C/S would be.

24 MR. FILE: We're happy to do that, Your Honour.

25 JUDGE ORIE: Yes. Thank you.

Page 43628

1 Please proceed, Mr. Ivetic.

2 MR. IVETIC: Thank you, Your Honours.

3 Q. Professor Radovanovic, apart from these corrections which we have

4 now gone through in the courtroom today, do you feel that you need to

5 make any other corrections to your report or do you stand by the same as

6 having been correctly written?

7 A. I think that it is fine now.

8 Q. Okay. And now I'd like to turn to page 3 in both versions of the

9 report. And here in the report you have a listing of reports and data

10 sources studied and analysed. Could you confirm for us if you used any

11 sources outside of what is -- strike that.

12 Could you confirm for us what sources you had at your disposal

13 for purposes of preparing this report?

14 A. I cited them here. I can read them out one by one. Otherwise, I

15 agree with what is stated here under numbers from 1 to 90 [as

16 interpreted], with the observation that from the 11th to the 17th of

17 January, I was here at this Tribunal, and I asked to look at specific

18 documents so that I could review them. The Defence submitted this

19 request to the Prosecution in a timely manner as to which materials I

20 wanted to look at, and I refer here about the documents that I received

21 that I wished to look at and also those that I requested but did not

22 receive.

23 JUDGE FLUEGGE: Did you say numbers 1 to 90 or 1 to 19?

24 THE WITNESS: [Interpretation] 19.

25 JUDGE FLUEGGE: Thank you.

Page 43629

1 MR. IVETIC:

2 Q. And if we could turn the page in both versions. And I think here

3 we'll see the part that you just told us about, and you say you were not

4 given all of the requested material for your inspection.

5 Could you detail for us what was the most significant of the

6 material which you did not receive for purposes of your inspection that

7 had been sought from the Prosecution as identified in this last

8 paragraph of the page.

9 A. I did not receive the Red Cross material from 2005. I did not

10 receive certificates of death. And I did not receive the criteria on the

11 basis of which Dr. Tabeau did the matching.

12 I would also like to note that before I appear in court, I'm

13 asked to submit my request about the materials that I wanted to review.

14 I submitted a request, and the request contained all the material that I

15 wanted to look at, including some materials that I did receive, but also

16 the request included material that I did not receive, and I did not get

17 any explanation why this material was not given to me for my review.

18 JUDGE ORIE: Professor Radovanovic, did you immediately report

19 that you did not receive materials you had asked for to the Defence?

20 THE WITNESS: [Interpretation] I told the Defence that I did not

21 receive certain materials.

22 JUDGE ORIE: Yes. Could you assist me, my recollection doesn't

23 serve me well, Mr. Ivetic. Has this been brought to the attention of the

24 Chamber and has the matter been raised in court or by other means so that

25 we could have repaired what may have been wrong since January?

Page 43630

1 MR. IVETIC: By other means, Your Honours. We met with the

2 Prosecutor in relation to the request. In relation to the certificates

3 of death we were told that they had disclosed to us everything that they

4 had received from the BiH prosecutor's office and that that was what it

5 was, that they didn't have any additional certificates of death.

6 Then Your Honours might recall when Madam Tabeau testified back

7 in -- last year, as to Tomasica, we asked her in court for the matching

8 criteria that were utilised by her for Tomasica and Madam Tabeau said

9 that would take time. Your Honours said that obviously she did not have

10 to do it that day, and since that date we have not received criteria from

11 the Prosecution demography expert, the matching criteria that they used

12 for Tomasica.

13 JUDGE ORIE: Have you addressed either the Prosecution or this

14 Chamber to ensure that what you needed or what your expert needed would

15 be provided even if that could not be provided within one day?

16 MR. IVETIC: Well, Your Honours, it was my understanding that

17 when Ms. Tabeau was in court she promised she would do the criteria, and

18 that was in relation not only to my request but Your Honours' request,

19 and so I -- I mean --

20 JUDGE ORIE: So then you wait until the end of April to establish

21 that it's not there or -- I mean, if it is it important --

22 MR. IVETIC: We had meetings with the Prosecutor and that was

23 the -- the matching criteria was item number 13 on our list that was

24 given to the Office of the Prosecutor, of which I had at least two

25 meetings with Mr. Traldi and Ms. D'Ascoli in relation to the same

Page 43631

1 and I -- you know, if the criteria --

2 JUDGE ORIE: If that's without --

3 MR. IVETIC: -- aren't ready, they're not ready. I can't -- I

4 can't --

5 JUDGE ORIE: If that's without result, then the usual way of

6 proceeding is to ask the assistance of the Chamber. Because this Chamber

7 has one thing clearly on its mind. Whatever we can do to assist the

8 parties that they receive the material they need, we'll do it. And now

9 we find ourselves, late April, in a situation where it's not there. And

10 that it was all unexplained, to some extent, if I understand it well, it

11 was explained, although perhaps that explanation may not have reached the

12 expert witness.

13 JUDGE FLUEGGE: Mr. Ivetic, you referred to the meetings with

14 Mr. Traldi. When did they take place?

15 MR. IVETIC: There were several meetings, Your Honours, that were

16 before the trip of the experts in January. The original list was

17 presented, I believe, by, as I recall, Mr. Lukic in a meeting he had with

18 members of the Prosecution even before the meeting was scheduled so it

19 was -- that would have been late 2015. And, of course, the meeting --

20 pardon me, the trip of the expert to The Hague occurred in January of

21 2016 as they have listed there.

22 I have one additional matter to raise --

23 JUDGE FLUEGGE: Mr. Ivetic I just wanted to know, you referred to

24 testimony number 123 on a list given to the Office of the Prosecutor.

25 When was this list given to the Prosecutor?

Page 43632

1 MR. IVETIC: Item 13, Your Honours, on the list --

2 JUDGE FLUEGGE: Okay, that's correction --

3 MR. IVETIC: -- so that's a correction --

4 JUDGE FLUEGGE: This is a correction for the record. When was

5 that given to the Office of the Prosecutor?

6 MR. IVETIC: It would have been, I believe, sometime in

7 November of 2015.

8 JUDGE FLUEGGE: Thank you.

9 JUDGE ORIE: And once it was established in January that not all

10 the materials were available that the expert witness needed, were there

11 other meetings to try to resolve that matter?

12 MR. IVETIC: No, Your Honours. Because Madam Tabeau testified

13 when she testified as to Tomasica that she did not have those. She would

14 have to create them. And so my understanding of the rules, as

15 Your Honours reminded me last week, when something is not in the

16 possession of the Prosecution, I can't ask for them to be enforced to

17 disclose that.

18 JUDGE ORIE: No, I'm --

19 MR. IVETIC: So until it is completed by Madam Tabeau, I have

20 nothing to ask for. I can only note that we haven't received it. And

21 then I ask the expert what that means in terms of the work of a

22 demographer and how such criteria are utilised, et cetera.

23 JUDGE ORIE: Well, I think we are mixing up two things. First of

24 all, what should be disclosed, there is no need to disclose anything

25 which is not in your possession. That's a different matter from asking

Page 43633

1 what you may need. And I'm a bit confused because a minute ago you told

2 us that you understood that Ms. Tabeau would on the instruction of the

3 Chamber produce something, and then you said you met, although not after

4 January when it became clear that that material was not there, you met

5 with the Prosecution. Where I would have expected that, to the extent

6 your understanding is correct, and let's just assume that for argument's

7 sake, that then you would have addressed the Chamber and would have asked

8 the Chamber to urge Ms. Tabeau to produce what you say she was instructed

9 to produce. I leave it to that for the time being and --

10 MR. IVETIC: Well, Your Honours instructed me to liaise with the

11 Prosecution in relation to the upcoming visit of the experts --

12 JUDGE ORIE: Mr. -- Mr. --

13 MR. IVETIC: I'm allowed to make a record, Your Honours.

14 JUDGE ORIE: Yes, Mr. Ivetic, let me be quite clear.

15 MR. IVETIC: Okay.

16 JUDGE ORIE: A chance to get what your expert needed was missed,

17 was lost, and this Chamber is quite convinced that it should do

18 everything to assist the parties in getting what they need, and that's

19 where we find ourselves at this moment.

20 Let's leave it to that, and please -- but I see that Mr. File

21 wants to make an observation.

22 MR. FILE: Just a brief comment, Your Honour.

23 I just wanted to emphasise for the clarity of the matter that

24 there were not any meetings or communications between Defence and

25 Prosecution about this issue once Ms. Radovanovic arrived and was working

Page 43634

1 here during the week. I just wanted to make that clear.

2 Also the one item that was skipped was the ICRC list. We did

3 give Dr. Radovanovic the 2009 list, which is what Dr. Tabeau used in her

4 report and which also encompasses the contents of the 2005 list. That

5 also was not mentioned to us as an issue during that week. If it had

6 been, that's the response we would have given them.

7 And my final point was that I would have expected this also to be

8 raised in the Defence 15th and 16th report on the Tomasica experts which

9 was filed on the last day of Dr. Radovanovic's visit here. If there had

10 been some issue for access, it could have been addressed then.

11 JUDGE ORIE: Let's move on.

12 Please proceed, Mr. Ivetic.

13 MR. IVETIC: Yes, Your Honours. And the 2009 ICRC report is

14 something we will discuss in due course, so we will have all that

15 information. I just didn't want to be accused of testifying or

16 influencing the witness in my comments.

17 Q. Now, if we can -- I actually have to see if the -- where we left

18 off. Okay. The question had been answered so we can move on to the next

19 question.

20 If we can turn to page 2 of the report in both languages, here

21 you identify the engagement of your services and the assignment. Is what

22 is written here in your report consistent with the mandate that you had

23 in relation to this report?

24 A. Yes.

25 Q. Now I would like to focus for the next several questions on your

Page 43635

1 visit to the ICTY premises in January of this year, and I'd first like to

2 ask you to explain for us what was the purpose of that visit.

3 A. The purpose of the visit was to check certain materials, that is

4 to say, to have insight into materials used by Dr. Tabeau, particularly

5 the internal database on mortality because I have never seen it. I do

6 not know what it contains except that from some reports I could read what

7 Dr. Tabeau says about it but not really in detail. It's rather

8 superficial. So that was the basic purpose.

9 I also wanted to receive reports or, rather, the materials that

10 Dr. Tabeau mentions in her reports such as, for example, the certificates

11 of death and so on, which she does not use -- or, rather, she uses them

12 but which I haven't seen. I wished to see them here if possible.

13 Q. And did you perform the work while you were here at the ICTY

14 individually or with the assistance of anyone?

15 A. I had the assistance of two assistants whom I financed

16 personally.

17 Q. And how long did that site visit last?

18 A. From the 11th until the 17th of January, 2016.

19 Q. During the time that you were at the ICTY Tribunal, were you

20 permitted access to the actual Prosecution premises of the

21 Demographic Unit or was your review conducted elsewhere?

22 A. I conducted my work in the office of the Defence lawyer.

23 Q. Okay. And during your review of materials at The Hague in the

24 Defence offices at the Tribunal, were you given full and unlimited access

25 to the entirety of the Demographic Unit files and system or something

Page 43636

1 else?

2 A. No, I did not have unlimited access. I never, ever had it. What

3 I got was something else; namely, what I asked for or, rather, one part

4 of what I asked to inspect.

5 Q. Did you have any access to the external sources cited by

6 Dr. Tabeau, such as the ICMP database?

7 A. No.

8 Q. Did you ever seek directly from ICMP the material that had been

9 sent to Dr. Tabeau as to Tomasica?

10 A. Yes.

11 Q. And what was the response of ICMP?

12 A. Well, I will paraphrase it briefly.

13 The point was that I was to address the Prosecutor's office at

14 ICTY because they had submitted it to the Prosecutor's office, and they

15 said that they could not submit it to me.

16 Q. Were you given an ability to identify materials discovered during

17 your stay at the ICTY as well as work product on the computers that you

18 could ask to be copied and to receive later on to continue your work?

19 A. Yes, I received instructions to the effect that whatever I do, I

20 may place in a specific file and take with me once it was time for me to

21 leave.

22 Q. And --

23 JUDGE FLUEGGE: Sorry, one question.

24 Did you ask the Prosecution for access to the ICMP database?

25 THE WITNESS: [Interpretation] No. I addressed the ICMP directly

Page 43637

1 and I did receive from the Prosecution the reports which Dr. Tabeau had

2 received previously in the form of a table and a memo dating from

3 June 2014. And I addressed ICMP at a later date, not I but the Defence,

4 with a request stating exactly what I would like to receive from them,

5 but they told me that they forwarded those materials to the Prosecution,

6 but not proofs of death. They told me that they submitted that to the

7 Prosecution also, but I haven't found them among the Prosecution

8 materials. They then told me that I should address the Prosecutor's

9 office of ICTY because they had recently submitted all those materials to

10 them.

11 JUDGE FLUEGGE: And did you do that?

12 THE WITNESS: [Interpretation] Well, I received from Dr. Tabeau

13 what she had received from ICMP. If that's all. I really don't know. I

14 did receive some materials from her.

15 JUDGE FLUEGGE: Thank you very much.

16 MR. IVETIC:

17 Q. Now, you've indicated that you were told that you could put

18 documents in a file and that that would be copied and you could take it

19 with you when you left. Were you able to get everything that you

20 identified and put in that file folder to take with you? That is to say,

21 was everything copied per your request?

22 A. No, not everything that I requested was copied. I requested -- I

23 was looking for certain results that we concluded and also a mortality

24 database because it includes a great number of files. So I wanted to

25 take it with me because I could not inspect it completely in the short

Page 43638

1 time that I spent here. The Prosecution responded by saying that I could

2 not receive the internal mortality database but that they were forwarding

3 me what was adequate to my needs and in accordance with the Rules. How

4 the Prosecution knew what was adequate to my needs, I really don't know,

5 and I also don't know what the Rules are.

6 Q. And to be fair I will read into the record the e-mail which I

7 received from the Office of the Prosecutor on this matter on the 26th of

8 January, 2016.

9 "Dear colleagues, we have completed our Rule 70 review of the

10 material which your expert team had copied into the 'save' folder on your

11 computers provided to them. On that basis, we have compiled a CD of

12 files which we believe will satisfy the needs of your expert and our

13 obligations. For instance, as you know, the large databases available

14 here must remain on-site; in one case, where it appears that the expert

15 team was seeking a large number of records associated with the 'Knjiga

16 Nestalih Prijedor' within the integrated mortality database which we are

17 unable to provide, we have instead provided both the 1998 and 2002

18 editions of the KNP to attempt to facilitate your expert's work. If

19 there are additional types of material which your expert requires and we

20 are unable to provide, please let us know, and we will work with you to

21 provide relevant and non-privileged material. The complete CD will be

22 placed in your locker today. Please do not hesitate to contact us with

23 any questions."

24 Now, let's talk about this integrated database of mortality.

25 What was the purpose of you --

Page 43639

1 JUDGE ORIE: Before we do that, how -- because I do understand

2 that there's an unsatisfactory situation at this moment as far as

3 disclosure is concerned, was a response sent to the Prosecution: This is

4 not sufficient for us? Did you ask for any meeting to further discuss

5 what was missing? Mr. Ivetic, could you clarify that issue for us.

6 MR. IVETIC: After the visit of the experts to the ICTY, I

7 don't -- I at least was not involved in any meetings with the Prosecution

8 on that topic.

9 JUDGE ORIE: And when did you receive -- or did you discuss this

10 you just read from -- with the expert?

11 MR. IVETIC: Yes, the -- the -- the response of the Prosecution

12 was indicated, and the expert indicated to me why they needed the

13 integrated database which the Prosecution said they could not give to us.

14 JUDGE ORIE: Yes. And did you then or did the expert witness

15 then contact the Prosecution to further discuss this matter?

16 MR. IVETIC: I don't believe so.

17 JUDGE ORIE: Please proceed.

18 MR. IVETIC:

19 Q. Now, Professor, let's talk about this integrated database of

20 mortality. What was the purpose of you seeking that data source after

21 the completion of your ICTY site visit?

22 A. The integral database is a database consisting of ten other

23 databases of which one deals with mortality. But Dr. Tabeau considers

24 all these sources taken together the mortality database. I have never

25 seen it. I saw it the first time in The Hague, and I tried during a

Page 43640

1 short time to realise what it consists and what may be of assistance to

2 me from this database.

3 It has 56 characteristics listed in the heading, on the basis of

4 which it may be concluded what Dr. Tabeau was doing, how she was doing

5 the matching, what she considered good information, what she did not, and

6 so on. It contains more than 181.000 lines but -- I call them "lines"

7 but they relate to specific persons.

8 What I could do over the few days that I was here was that it

9 contained many double cases and to check how many of these there are.

10 Dr. Tabeau notes that in some of her reports also and she says that such

11 and such a portion are doubles. But even though I did not receive the

12 criteria for matching, the later criteria as Dr. Tabeau calls them, as we

13 will see later, I could not draw a conclusion what sort of combination

14 was used. The fact that Prosecution offered me the book of the dead from

15 Prijedor, it's a book that has been published and one can buy it. Why is

16 this database secret? Of all the sources that it contains, most have

17 been accessible to the public. Some of them I cannot reach, but as for

18 the book of the missing, you can buy it. A lot of the information is

19 published. There's the book of the dead published in Bosnia, including

20 detailed information such as first and last name, the date of birth, and

21 the date of death, and father's name, and so on.

22 But I think that some information may be secret, such as autopsy

23 reports and so on, but I also believe -- not that I believe, but that I'm

24 signing a statement that I would keep a secret, and I'm fully grown up

25 and I'm fully aware of the consequences that may follow if you violate

Page 43641

1 such a statement. So I was really surprised when I learned that I could

2 not take it with me. And I suppose that the only reason is that it

3 contains particular details of certain individuals.

4 For me, it's important because I could draw many characteristics

5 from it and then formulate something precisely and in detail because

6 Dr. Tabeau says that some information is detailed or matching. She shows

7 how she matched certain information with the population census. I could

8 also check how other sources of information match information, and for a

9 certain time it would be sufficient for me to try to reach precise

10 statistics that I would be willing to say with full accountability how

11 reliable or unreliable it is.

12 That was why I needed this database.

13 MR. IVETIC: If we can look at P7449 in e-court, and I do have a

14 paper copy in B/C/S for the witness since it is a long document. This

15 will be Dr. Tabeau's report on Tomasica.

16 Q. And the part I'd like to ask about is between pages 8 and 9 in

17 the English under Part 2.7, and it is page 9 to 10 in the Serbian.

18 A. What I have received is my report and I -- if I understood you

19 properly, you offered to provide me Dr. Tabeau's report. No, no, no.

20 No. A mistake. I made a mistake only it's not the right page. I'm

21 sorry. You said pages 9 and 10 in Serbian? That's why I thought it was

22 not the same report.

23 Q. It should be pages 9 and 10 in the Serbian, which is pages 8 to 9

24 in the English.

25 A. All right. Okay.

Page 43642

1 Q. And --

2 JUDGE ORIE: Before we -- Mr. Ivetic, I'm looking at the clock

3 and I see it's 20 minutes past 1.00.

4 MR. IVETIC: Oh, I apologise.

5 JUDGE ORIE: If you are starting to explore a new area, I think

6 it would be better done after the break.

7 Could the witness follow the usher. Ms. Radovanovic, we'd like

8 to see you back in 20 minutes.

9 [The witness stands down]

10 JUDGE ORIE: We resume at 20 minutes to 2.00.

11 --- Recess taken at 1.20 p.m.

12 --- On resuming at 1.42 p.m.

13 [The witness takes the stand]

14 JUDGE ORIE: Please proceed, Mr. Ivetic.

15 MR. IVETIC: Thank you, Your Honours.

16 Q. Professor, we have before us Dr. Tabeau's report, P7449, and I

17 believe we need the next page in the B/C/S. And once we get that, it

18 should be, I believe, the second paragraph -- second full paragraph from

19 the top in the B/C/S and it will be the bottom paragraph in the English

20 that reads as follows:

21 "In addition to the 1991 census, a number of victims were

22 additionally searched for (if there was a need) in the integrated" --

23 A. I'm sorry, I'm sorry. I'm not able to follow. Let me know which

24 page in the Serbian.

25 Q. It is page 10 in the Serbian. It's on the screen right now. And

Page 43643

1 it's the third paragraph from the top but it's the second full paragraph.

2 A. I found it. Thank you.

3 Q. I'll start again:

4 "In addition to the 1991 census, a number of victims were

5 additionally searched for (if this was a need) in the integrated BH

6 mortality database (hereinafter: IntDB) developed in 2010, by the

7 Demographic Unit of the OTP, which combines the information on war

8 victims from numerous demographic sources on war mortality. The DU

9 sources on war victims often contain information on detailed

10 circumstances of death which may contribute to the proof that a certain

11 victim was killed during the incident for which he was listed. The IntDB

12 was only used" - if we can turn the English - "however, for

13 double-checking information and not for extracting new one for the POD

14 analysis in the present report."

15 First off, Professor, is this integrated database that Dr. Tabeau

16 is referencing in this part of her report the one that we have been

17 talking that you sought access -- sought to take with you when you

18 completed the site visit at the ICTY premises?

19 A. Most probably. I didn't have the opportunity to see anything

20 earlier or in another place to be able to make any kind of comparison.

21 So I assume that that was the one that is being discussed.

22 Q. Dr. Tabeau, in this part of her report, mentions that the

23 database contains information on detailed circumstances of death. Were

24 you able to find in the integrated database of mortality that was shown

25 to you in January this type of detailed information on the circumstances

Page 43644

1 of death that is described here?

2 A. According to the sources that I looked at, there are no detailed

3 circumstances there. But, again, I have to say that I did that in five

4 or six days, so I could not go through every source item by item, person

5 by person. The database, in its heading, which was a main guide-line for

6 me as to what I would look at, did not have a column on incidents that

7 occurred for me to be able to say, well, I'm going to follow that

8 particular column in order to see what the source of the data was. The

9 sources that I've looked at, and I looked at all of them other than the

10 registrar of births for Mostar, which I assume would not relate to

11 Prijedor, contained documents from where I could see what the incidents

12 were in which the victims were killed.

13 There is something that the B and H prosecutor's office submitted

14 to Dr. Tabeau but that was in the internal database. I received that

15 separately. There are some documents but these were not persons that

16 were already identified. These were persons that were going to be

17 identified on the basis of the DNA analysis, and they were descriptions,

18 some there, as to incidents that happened, and there is a number of

19 reports about identification of mortal remains where there were some

20 details about it or not --

21 THE INTERPRETER: Could the witness please be asked to slow down.

22 MR. IVETIC:

23 Q. Professor -- Professor, the translators have asked that you

24 please slow down in giving your answers so that they can properly

25 transmit everything that you say to those that are following the English

Page 43645

1 channel. So if I could ask you to please slow down. And it appears that

2 we lost what you were saying immediately after you started to say:

3 "... as to incidents that happened, and there is a number of

4 reports about identification of mortal remains where there was some

5 details about it or not," and that's where the translators lost you.

6 So if you could please take up your answer from that point.

7 A. Yes. There are some reports received from the B and H

8 prosecutor's offices. These are reports establishing the identity where

9 in some of them you can actually see the circumstances in which somebody

10 died. There are also reports where persons are listed that had not yet

11 been identified on the basis of DNA analysis, and there are some details

12 about how those victims died. One can draw some conclusions on the basis

13 of this information about how those persons died. But at that time, that

14 was not in the database. I don't know whether Dr. Tabeau is going to add

15 that or not. I received a certain number of material which does not

16 overlap with the number of victims that were given by Dr. Tabeau and that

17 does not overlap with the information that she received from the BiH

18 prosecutor's office.

19 Q. And just so we can be clear, these records or reports that were

20 received from the B and H prosecutor's office, were such types of

21 materials within the integrated mortality database or not?

22 A. I received them separately. I don't know whether they are a part

23 of it or not.

24 Q. Okay. And you, I think, earlier identified ten sources that were

25 in the integrated mortality database. Do you recall what those sources

Page 43646

1 were? You've mentioned the Mostar books of dead. What were the other

2 sources?

3 A. There were the Red Cross lists from 2009. There was the Prijedor

4 book of the dead. Then the DEM-2T database which includes all of the

5 soldiers. Then there was a separate database about soldiers of the

6 Republika Srpska and about Croat soldiers. Then was information about

7 exhumations. Then there was information from the Muslims Against

8 Genocide organisation.

9 I think I have listed all the sources. I'm not quite sure,

10 though.

11 Q. I'd like to read to you something that Dr. Tabeau has testified

12 about during her testimony at our trial last year as to Tomasica and then

13 I will have some questions for you. This was from transcript page 36716,

14 line 18, through 36717, line 10:

15 "The reference sources shown on this slide are the 1991

16 population census for Bosnia-Herzegovina and the integrated mortality

17 database, which is an integration of a large number of sources on both

18 known deaths and missing persons, again, for Bosnia and Herzegovina,

19 entire country. These sources are part of the usual methodology that my

20 unit and myself have been using in compiling our reports. So the

21 methodology involves linking a list of victims, say, Tomasica identified

22 persons, back with the 1991 population census to confirm their personal

23 details and whereabouts at the outbreak of the war, like place of

24 residence and to study the ethnicity, et cetera. And the integrated

25 database is a list of victims that have been also exposed additionally to

Page 43647

1 checks in the sources on survivors, like records of internally displaced

2 persons, refugees and voters registered for 1997, 1998, and 2000

3 elections in Bosnia, country-wide elections in Bosnia. This is to

4 exclude potential survivors or actual real survivors who should not

5 appear on the lists of victims. So it is -- this reference sources are

6 part of the usual proof of death routine of my unit and myself. So the

7 abbreviation POD on this slide stands for the proof of death review

8 routine."

9 Professor, did you have occasion to discover what methodology of

10 matching Dr. Tabeau utilized for her integrated database of mortality

11 that she describes here is part of the usual routine of her unit and

12 herself?

13 A. Well, I believe that it was part of the usual routine, but this

14 is not how it is done in scientific studies.

15 Based on what I could see in the internal database, I could see

16 what Dr. Tabeau marked in that database as matched. It's under the item

17 "match." And that's why it would have been important to me, in view of

18 the rules that she used, to take it and to actually study that particular

19 database in detail. Dr. Tabeau also says there that these are usual

20 sources of data that her team uses but does not say that these are usual

21 sources of data that are used in scientifically based statistical

22 demographic research, and this is a crucial difference.

23 And if you permit me to ask for a piece of paper, since it's

24 quite a long quotation, I would need to take some notes. I don't know if

25 I'm allowed to make the notes on the report.

Page 43648

1 Q. I apologise, Professor. I have some blank paper here.

2 MR. IVETIC: And while we're at it, I'd ask for 1D6189 of which I

3 have a hard copy, since I know the professor likes to use her

4 magnifying-glass to read things.

5 THE WITNESS: [Interpretation] Thank you. [In English] Thank you.

6 MR. IVETIC: And I would ask for 1D6189 in e-court.

7 Q. And now while we have both versions on the screen, Professor,

8 could you explain for us what this is that we are looking at. Where did

9 this come from?

10 A. This is something that I did here in The Hague. I took out this

11 as examples. There was around a hundred of such examples, but as they

12 were very similar I believed it was sufficient for me to present these.

13 It's a comparison and this comes from the internal database on mortality.

14 Comparison of information received from ICRC and the population

15 census. The last column, matched, marked with 1, which means that there

16 is a correspondence of information. I can now read first and last names,

17 but let me not do that. I will just draw your attention to the ICRC list

18 where the person with this first and last name, and father's name as

19 well, born on 6th of May, 1973, in Prijedor, that is the place of birth,

20 and that's the information from the ICRC. Matched with the population

21 census, a person with the first -- with the same first name, last name,

22 and father's name but born six years later, not on the same date, not on

23 the same day, and in a different place, and Dr. Tabeau says that she

24 matched this. I suppose -- or, rather, I don't suppose, but if the first

25 and last names are identical, and we know that in the census there have

Page 43649

1 been many corrections, I really don't know how many and how, and I don't

2 know if this was done in ICRC as well in terms of first and last names

3 but it probably was, then matching on the basis that persons have

4 identical name only when you have the information that such a person was

5 born in a different place at a different date with a difference of six

6 years and you say you've matched this person with the census, this is

7 something that I, as an expert who deals with this sort of things, would

8 really question. And all the examples are similar, if you want me to

9 read them, but more or less, it's about the dates and places which

10 differ. The only thing that is identical in all examples are the first

11 and last names and the father's name.

12 Let me repeat that as early as in 2005, when asking how many

13 corrections were made to the census, as I note in my report on

14 Srebrenica, I requested from the demographic department and Dr. Tabeau to

15 tell me how many corrections and how many visual assessments that they

16 were matched was done, I received an answer that there were thousands of

17 names that were corrected and that probably there were as many visual

18 assessments that they were matched.

19 Q. Professor --

20 JUDGE ORIE: Could I ask one question, perhaps a matter of

21 detail, but could you look at the fourth name listed here. Because you

22 explained to us this was all persons with the same family name, same

23 first name, and same father's name. Now I see that the father's name is

24 not the same on this fourth entry. Is there -- in view of what you -- if

25 view of what told us --

Page 43650

1 THE WITNESS: [Interpretation] Yes, I have seen it now.

2 JUDGE ORIE: Yes. Is that a mistake or is it that you made a

3 mistake when you said that these names are all the same?

4 THE WITNESS: [Interpretation] It's not a mistake, but I think

5 that I said mostly all names are the same. We can go through them one

6 item after another, but this is absolutely taken out from this.

7 JUDGE ORIE: Yes, there's no need to do that. I understood that

8 you said all names are the same, but I leave it to that.

9 Please proceed.

10 MR. IVETIC:

11 Q. Professor, if you could clarify for us this column that says

12 "matched" and has a number 1 which you said there was correspondence of

13 identity, who -- who or whom has matched the two columns or the two --

14 the two -- the two names to say it's the same person? Was that something

15 that you did?

16 A. No. This is information taken from the internal mortality

17 database, and if you see the source is noted at the bottom of the table.

18 I only looked and reviewed the database, and I am not supposed to correct

19 or add or take out anything from or to that database.

20 Q. You said generally --

21 JUDGE MOLOTO: May I just ask --

22 MR. IVETIC: Yeah, go ahead.

23 JUDGE MOLOTO: Ms. Radovanovic, what does 5 under the column "new

24 ethnicity" signify; and what does 1 under "matched" signify?

25 THE WITNESS: [Interpretation] Number 1 signifies that the match

Page 43651

1 is accepted, that it's been matched. Number 0 stands for no match. And

2 if there is a match, it means there is a correspondence. And number 5 is

3 a designation for ethnicity taken over from the population census.

4 JUDGE MOLOTO: And which ethnicity is number 5?

5 THE WITNESS: [Interpretation] The Muslims.

6 JUDGE MOLOTO: Thank you.

7 MR. IVETIC:

8 Q. You indicated that generally the matching appears to be related

9 to the name, last name, and father's name. How reliable is that type of

10 matching, in your opinion?

11 A. There's very little reliability. Even though in reports on

12 Srebrenica, Dr. Tabeau and Dr. Brunborg claim that in a small area such

13 as Srebrenica the likelihood that somebody has the same first and last

14 name is very small. The ARK later represented by Dr. Tabeau and

15 Prijedor, which in 1991 had more than 100.000 inhabitants, I believe, may

16 happen to have persons with the same first and last names. Though I

17 haven't checked that. But my deep conviction and on the basis of my

18 experience with previous matchings, I know that some names were

19 corrected, and whether they are present as such in the ICRC database or

20 whether there was a mistake and then it was corrected in the census, I

21 really don't know. I can just tell you as a curiosity that in the census

22 in Bosnia-Herzegovina there are five persons with the name

23 Svetlana Radovanovic, with the identical first and last name.

24 Q. And Judge Moloto asked you about the number 5 under the column

25 "new ethnicity." What is the meaning of the column --

Page 43652

1 A. Yes --

2 Q. What is the meaning of the column "new ethnicity"?

3 A. What I know for sure, in the population census, the response on

4 ethnicity is collected and then entered in letters, but when the census

5 is processed, then there are codes. So the material is first encoded and

6 it's called a codex of ethnicity in which each ethnicity has been

7 designated a specific number so that, for example, a Serb is number 7,

8 the Muslim 5, the Croat -- I can't remember all of the ethnicities, but

9 the codex included 20-odd nationalities in the 1991 population census.

10 JUDGE MOLOTO: You --

11 MR. IVETIC: Go ahead.

12 JUDGE MOLOTO: You said in the Bosnia-Herzegovina census, you

13 found five names by Svetlana Radovanovic. Was the father's name also the

14 same for all five?

15 THE WITNESS: [Interpretation] No.

16 JUDGE MOLOTO: Thank you.

17 THE WITNESS: [Interpretation] It seems you haven't understood me

18 well. I didn't say Muslims, but there are five Svetlana Radovanovics and

19 I am an a citizen of Serbia, so I looked for the first and last name.

20 Even if there is no father's name, if you try to do the matching on the

21 basis of 72 criteria, as Dr. Tabeau says, someplace she would use the

22 initial. So I -- I didn't mean matching with Muslims but matching with

23 the census of Bosnia and Herzegovina. The total population.

24 JUDGE MOLOTO: I'm also not asking you about Muslims. I don't

25 know where you get Muslims from. You said that you looked at the

Page 43653

1 Bosnia-Herzegovina census list and you saw five Svetlana Radovanovics.

2 You're trying to show that going by the name and last name is not a safe

3 way of identifying people. What we have been talking about here, you

4 have been criticising not just the name -- first name and last name, but

5 first name, last name, and father's name. Hence I'm asking you: Do the

6 five Svetlana Radovanovics that you have found, do they have the same

7 name of the father?

8 THE WITNESS: [Interpretation] No, they don't have the same

9 father's name.

10 JUDGE MOLOTO: Thank you so much. That was all my question.

11 MR. IVETIC: And, Your Honours, I think the confusion lies in the

12 transcript having the word "Muslim" inserted and I think that's what the

13 translation to the witness was in your question so --

14 JUDGE ORIE: If there was any confusion in that respect, then it

15 has now been clarified.

16 MR. IVETIC: We're at the time for the break, Your Honours. I

17 would just tender this document at this time and then we can take the

18 break.

19 MR. FILE: No objection, Your Honour.

20 JUDGE ORIE: Mr. Registrar.

21 THE REGISTRAR: 65 ter 1D6189 will be Exhibit D1464,

22 Your Honours.

23 JUDGE ORIE: Admitted into evidence.

24 Professor Radovanovic, we'll adjourn for the day. We'd like to

25 see you back tomorrow morning at 9.30, and I again instruct you that you

Page 43654

1 should not speak or communicate with whomever about your testimony,

2 whether that is testimony already given, and that includes any evidence

3 you have given earlier, or evidence still to be given.

4 You may follow the usher.

5 THE WITNESS: [Interpretation] Thank you.

6 [The witness stands down]

7 JUDGE ORIE: We adjourn for the day, and we'll resume tomorrow,

8 Tuesday, the 26th of April, 9.30 in the morning, in this same courtroom,

9 I.

10 --- Whereupon the hearing adjourned at 2.16 p.m.,

11 to be reconvened on Tuesday, the 26th day of April,

12 2016, at 9.30 a.m.