1 Tuesday, 9th September 1997
2 (11.00 am)
3 JUDGE KARIBI-WHYTE: Good morning ladies and gentlemen. Can
4 we have the appearances now, please?
5 MR. NIEMANN: If your Honours please, my name is Grant
6 Niemann and I appear with my colleagues Ms. McHenry,
7 Mr. Turone, Ms. Van Dusschoten and Mr. Khan for the
9 JUDGE KARIBI-WHYTE: Thank you very much. Can we have the
10 appearances for the Defence?
11 MS. RESIDOVIC: Good morning, your Honour, my name is Edina
12 Residovic, Defence counsel for Mr. Zejnil Delalic. My
13 co-counsel for Mr. Delalic is Mr. Eugene O'Sullivan, a
14 professor from Canada. Thank you.
15 MR. OLUJIC: Good morning your Honour, my name is Zeljko
16 Olujic, Defence counsel from Croatia, appearing on
17 behalf of Mr. Zdravko Mucic. My co-counsel is my
18 colleague Michael Greaves, attorney from the
19 United Kingdom of Great Britain and Northern Ireland.
20 If it pleases the court, after consultation with
21 my client, he has considerable difficulties with his
22 eyes; therefore with the permission of this Trial
23 Chamber if possible he would like to ask that during the
24 trial he would like to have dark sunglasses.
25 JUDGE KARIBI-WHYTE: Thank you very much. Can we have
1 the ...
2 MR. KARABDIC: Good morning your Honour, my name is Salih
3 Karabdic, attorney from Sarajevo with Mr. Tom Moran, a
4 lawyer from Houston Texas. I am the Defence counsel for
5 Mr. Hazim Delic.
6 MR. ACKERMAN: Good morning your Honours, I am John Ackerman
7 and I appear here today along with Cynthia McMurray on
8 behalf of Mr. Esad Landzo. Thank you.
9 JUDGE KARIBI-WHYTE: I think I referred to Mr. Mucic's
10 complaint. Is it dark glasses tendered for protecting
11 his eyes from the light? If it makes him comfortable,
12 there is nothing wrong with it. He can wear his dark
14 MR. OLUJIC: Thank you, your Honour. That is exactly due to
15 the very strong light, so he has sore eyes and he feels
16 much better if he is wearing dark glasses. I would like
17 to thank your Honours for allowing my client to do so.
18 JUDGE KARIBI-WHYTE: What is the position with the witness,
19 this morning?
20 MR. NIEMANN: Thank you, your Honours. As your Honours are
21 aware we are halfway through the testimony of the
22 witness Draganic and he is available to continue now, if
23 that is convenient to your Honours.
24 I might just at this stage indicate that we have
25 had very great difficulties with witnesses, and
1 considerable problems have arisen. We had intended to
2 have -- there is Mr. Kuljanin, who is the next witness,
3 and then after him there was to be Witness J, witness
4 Zebic and witness Drezic. All three of those witnesses
5 have refused to come to The Hague. Although we are
6 endeavouring to persuade them otherwise, they at this
7 stage simply refuse to come. We are in the process of
8 trying to obtain another witness to come here, but
9 whether we are successful in that is not something I can
10 assure your Honours of, unfortunately, at this stage.
11 As your Honours are aware, there are some outstanding
12 legal arguments, particularly with documents. I do
13 expect the legal argument in respect to the Austrian
14 documents to be very lengthy in terms of consideration
15 of each and every document, so it is possible that most
16 of the time of this week could be devoted to that. It
17 is not entirely a pleasant prospect, but that would take
18 care of perhaps quite a bit of the time.
19 We are endeavouring to obtain another witness, at
20 least one more witness, to deal with that loss that we
21 have had, so that is our current position. Your Honours
22 had suggested we could have legal argument this morning
23 on the question of the admissibility of the one document
24 and handwriting sample that was the subject of a motion
25 yet to be determined. I am not sure whether
1 your Honours wish to deal with that before we complete
2 the evidence of this witness, or whether your Honours
3 would be prepared to permit this witness to complete his
4 evidence and he can go home. He has been here all over
5 the weekend, and as is the case with the other witness
6 who will follow, has been here, in fact, your Honour,
7 since Thursday week, so he has been here almost getting
8 on towards a fortnight.
9 Our position is that we would prefer to deal with
10 the evidence, if that is possible, of the witnesses so
11 they can go home, these two witnesses and then to deal
12 with legal argument which we think will be lengthy and
13 take us some time. If your Honours wish, we are in
14 your Honours' hands as to which way you wish to deal
15 with this. We could now proceed with legal argument,
16 complete the evidence of the witness that is halfway
17 through testifying; it is a matter for your Honours.
18 JUDGE KARIBI-WHYTE: I remember we mentioned the matter of
19 taking the arguments with Mr. Greaves last week, it was
20 to have them taken on Wednesday. Perhaps we should get
21 through the witness which was on at that time, and
22 I suppose Mr. Greaves might not be too strong in
23 objecting if --
24 MR. GREAVES: I am well conscious of my learned friend's
25 sound common sense in dealing with witnesses in that
1 way, because obviously it falls into logical pieces
2 instead of breaking things up with legal argument, then
3 half a witness, then a whole witness, then legal
4 argument again. That does not seem to me to be a very
5 sensible way of doing it.
6 JUDGE KARIBI-WHYTE: I think it is better with all the
7 witnesses giving their evidence and then we will
8 continue with the legal argument, both in your case and
9 the other matter as well, so we are not perhaps breaking
10 the arguments with witnesses in the middle. So when we
11 start the legal arguments, we will continue with it and
12 finish it, in both cases.
13 MR. GREAVES: For a change I find myself in agreement with my
14 learned friend. He should not count on it always
16 MR. NIEMANN: I am indebted.
17 JUDGE KARIBI-WHYTE: I think that is a good arrangement.
18 Let us carry on with the witness as we now have him.
19 MS. RESIDOVIC: Your Honour, I would just like to present
20 my view. This is something we have already discussed
21 last week. We do agree with hearing two witnesses and
22 then we want presentation of arguments, but if my
23 colleagues from the Prosecution think that they should
24 call some other witnesses, they should be heard only
25 after we finish all the legal arguments, because we do
1 not wish to be under any pressure of time when we
2 present our arguments. Thank you very much.
3 JUDGE KARIBI-WHYTE: I did not understand them to wish to
4 call all witnesses before legal argument. All witnesses
5 they have on the list and are available now are the ones
6 they wanted to call. Not another witness who is not
7 even around. Just the witnesses we have.
8 RAJKO DRAGANIC (continued)
9 Examined by MR. TURONE (continued)
10 A. Good morning, how are you.
11 JUDGE KARIBI-WHYTE: Thank you very much. Can you remind
12 the witness he is still under oath?
13 THE REGISTRAR: I would like to remind you you are still
14 under oath.
15 A. Yes.
16 MR. TURONE: Good morning, your Honours. May I proceed?
17 JUDGE KARIBI-WHYTE: Yes, you may.
18 MR. TURONE: Thank you. Good morning, Mr. Draganic?
19 A. Good morning.
20 Q. Mr. Draganic, last week before the break, you were
21 testifying about Scepo Gotovac and more precisely about
22 the second time he was called out of the hangar in the
23 evening at about 9.00 pm. You said you heard screamings
24 outside, then Gotovac was carried into the hangar again
25 and that is where he died, you said.
1 So now let me ask you: approximately how long did
2 Gotovac remain outside this second time in the evening?
3 A. Well, he stayed there for about 10 or 15 minutes.
4 Q. Who returned Gotovac into the hangar this second time in
5 the evening?
6 A. He was carried in by these two, by Todor and Novak
8 Q. Did anybody invite these two prisoners to return Gotovac
9 into the hangar on this occasion?
10 A. Yes, they were called by Zenga.
11 Q. Was Zenga there too? Did you see him being present?
12 A. Yes, he was there.
13 Q. Did he say anything else at this time?
14 A. I do not know, he told him to go out. He could not go
15 out so these two carried him. Later, he also called
16 them to carry him inside.
17 Q. Did then Gotovac reach his position in the hangar,
18 helped by these two prisoners, or was he in a position
19 to move by himself?
20 A. No, he could not move himself. He was already dead.
21 Q. You mean already dead or already almost dead?
22 A. Almost dead. He did not really live for more than five
23 minutes after he got into the hangar.
24 Q. Was Gotovac brought again in the same position near you?
25 A. Yes, he was there, I mean across from me, next to me.
1 Q. So could you observe Gotovac and his body with some
2 attention, either that night or the following morning?
3 A. We took him out the next morning, in the morning, when
4 it dawned. Then we saw it.
5 Q. I mean, could you observe his body with some attention?
6 A. I mean the man was wearing a suit, he was a dead man.
7 We did not really pay all that much attention.
8 Q. Did you see specific bruises, injuries on him?
9 MS. McMURREY: Your Honour, I am going to object. That is
10 asked and answered. He said he did not pay close
11 attention to him.
12 THE INTERPRETER: Microphone, please.
13 MS. McMURREY: He said he did not pay close attention to
14 him. The question has already been asked and answered.
15 JUDGE KARIBI-WHYTE: Put your question to him.
16 MR. TURONE: Mr. Gotovac, do you remember if you saw any
17 specific bruises or injuries or blood on Gotovac?
18 A. I did not, I mean the head was bruised, he had bruises
19 on his body. I guess he did. I did not see it, but he
20 was badly beaten up, you could see that, but he was
21 wearing a suit so I could not really see.
22 Q. How could you notice that he died a few minutes after
23 coming back into the hangar? How could you realise
25 A. I saw it, I mean I saw him going still, because it was
1 not really dark, you could really -- there was still
2 some daylight until 10.00. He stopped breathing.
3 Branko Zelenovic and he also said "Scepo is dying, Scepo
4 has just died". That is what happened.
5 Q. What about the following morning. Could you personally
6 observe the following morning the body to remain
7 motionless for a significant amount of time?
8 A. Yes, he was lying there and then they came maybe around
9 10.00, 9.00 or 10.00. They carried him out and I do not
10 know where they took him.
11 Q. Who came and removed the body, Mr. Draganic? Do you
13 A. There was Delic and Zenga there, he was taken out by the
14 prisoners. They closed the door and I do not know where
15 they took him.
16 Q. Was this the last time you saw Gotovac or his body?
17 A. Yes.
18 Q. Already, thank you. Mr. Draganic, could you personally
19 observe any other incident which led to the death of any
21 A. Well, I mean, I do not know which date it was exactly,
22 they called up Simo Jovanovic, they called him up. They
23 beat him up outside and they carried him into the
24 hangar. It was night and naturally in the morning we
25 saw him dead, he was lying there at his place. I mean,
1 I heard that and I saw it. I know when they called him
2 up, when they took him. Zenga called him up. He went
3 outside and they hit him there. They beat him up and
4 they also dragged him in, I do not know which ones were
5 the ones who dragged him inside but he was there the
6 next morning when it dawned they also came for him and
7 they drove him away.
8 Q. You said you do not remember the date, but do you at
9 least remember the month in which this incident
11 A. I think that it was the month of July, the month of July
13 Q. Did you hear Zenga saying anything specific in this
15 A. He called Jovanovic up, he called up his name and he
16 went outside, and something concrete I really do not
17 know. I do not remember hearing anything else.
18 Q. How long did Jovanovic remain outside?
19 A. Something like 15, 20 minutes.
20 Q. What could you hear from outside? Could you hear any
21 noise coming from outside --
22 A. We heard blows and screaming and crying of a man while
23 he had strength and then when it stopped, when he
24 stopped screaming, then they called for someone to carry
25 him inside. They carried him inside. When we saw him
1 in the morning, he was dead and he was covered with an
2 army coat.
3 Q. Did Jovanovic reach his position in the hangar by
4 himself at that time when he was brought inside?
5 A. No, he did not. He was also carried inside by two
7 Q. Do you remember to which position inside the hangar was
8 Jovanovic brought, his position inside the hangar?
9 A. Also I mean where he was lying, I think it was in the
10 fourth row from the door, somewhere in the middle of the
12 MR. TURONE: May I ask the Registry again to provide the
13 witness again with Exhibit 174, the map of the hangar,
14 please? Just let it be on the ELMO, please, with a pen
15 or a pencil being provided to the witness. (Handed).
16 Can you please, Mr. Draganic, mark with a circle
17 the position of Mr. Jovanovic on this map and write
18 "Jovanovic" just close to this circle. (Witness marks
19 map). Thank you very much.
20 Mr. Draganic, could you observe Mr. Jovanovic with
21 some attention and describe him? Did you see specific
22 bruises, specific injuries, any blood on him after he
23 came back?
24 A. In the morning I saw it in the morning when it dawned,
25 we all watched and he was bruised, his head was almost
1 black, and we held his arms, his legs. He was really
2 badly beaten, he obviously had broken bones. You could
3 see that from a distance. I have nothing else to say.
4 Q. Did the body have any movement? Was it motionless?
5 A. A dead body next to us, a dead stiff body.
6 Q. How long could you observe the body remaining there
7 motionless in the hangar before he was removed?
8 A. Well, we could see it in the morning as of 4.00 until
9 9.00 or 10.0, which was when they carried him away.
10 I do not know, for five or six hours.
11 Q. Did anybody order to remove the body?
12 A. They came, but I really cannot say exactly now. They
13 came and they said -- I do not know whether it was Delic
14 or Zenga, I cannot remember everything now, but they
15 just came, they carried the body outside and they drove
16 it away. I do not know where they drove it away.
17 Q. Was this the last time you saw the body of Jovanovic?
18 A. Yes, the last time.
19 Q. All right. Could you personally observe any other
20 incident which led to the death of any other prisoner?
21 A. I saw Bosko Samoukovic. He was also sitting behind me
22 in the fourth row against the wall, and Zenga was
23 beating some prisoners from Bradina and then he called
24 for Bosko and he beat him up. He forced him to do
25 push-ups and he did push-ups and he was hitting him in
1 the chest with his boot, with a rifle butt. Then there
2 was a 7 by 10 plank and he hit him several times and the
3 man fell. His sons were there as well, his two sons
4 were in the camp. Then he ordered him to be taken out
5 to fresh air. They took him or they carried him out and
6 one of his sons went to the infirmary, to number 22, and
7 when he came back, he said that his father had died, and
8 I saw him then and that was the last time I ever saw
10 Q. Can you say approximately how long did Bosko
11 Samoukovic's beating last?
12 A. That was perhaps 10, 15 minutes. To me at the time it
13 seemed very long. I do not know exactly how long it
14 was. We were all there. It was in the hangar and all
15 the prisoners saw it. That was not outside. Such
16 beating and such humiliation and mistreatment, a person
17 in his right mind would not be able to do something like
19 Q. Mr. Draganic, did Zenga say anything while beating
21 A. He did say, but I cannot really guess what he said
22 because I cannot remember. He did say things, but
23 I cannot say exactly what it was. But he did say
25 Q. Can you say approximately when did this incident happen,
1 at least in which month?
2 A. I think it was also in July, July. It was probably
3 around 12.00.
4 Q. All right, thank you. Again, did you personally observe
5 any other incident which led to the death of another
7 A. Well also when Zeljko Klimenta was killed, I was in the
8 hangar, it was in the morning, I think it was 26th July
9 1992. The guard Padalovic called outside Ratko Cecez,
10 Nenad Cecez and Kujundzic, nicknamed Gala. They were
11 doling out food in the hangar, he called them to go
12 outside. They left the hangar and Zeljko Klimenta asked
13 whether he could go out as well. So he left the hangar,
14 it was about 7.00 am and they were there. Then
15 Kujundzic ran into the hangar and Cecez as well, he was
16 holding his head, we asked what happened. There was a
17 shot, we could hear a shot and he said Keljo got killed,
18 so this is what I saw, this is what I heard actually.
19 I did not see that.
20 Q. After how long did you hear the shot outside after these
21 people going outside the hangar?
22 A. Well, they left about 5.00 and this happened around 7.00
24 Q. Did any of these people you mentioned Kujundzic, Ratko
25 Cecez et cetera, tell you anything more precise about
1 how Klimenta was shot?
2 A. They were there, and he said that he was joking, that he
3 did not know he had a bullet in the Chamber and that he
4 fired the shot as a joke. That is what I heard from
5 them from talking to them.
6 Q. When you say he, who do you mean with he?
7 A. I mean Padalovic, the guard. He said that he did not
8 know he had a round in the Chamber, and that it was all
9 an accident.
10 Q. Mr. Draganic, could you personally see after that which
11 was the place where Klimenta was shot?
12 A. I did not see the position towards the door of the
13 hangar, I just saw them washing away the blood in the
14 place where he was killed, but I did not see him because
15 the door was closed.
16 Q. Where was the blood?
17 A. In front of the hangar, maybe about 5 or 6 metres away
18 from the hangar towards the guard post.
19 Q. All right. Now, Mr. Draganic, did you personally
20 eyewitness any other mistreatment of any other prisoners
21 while you were in hangar 6, even if it did not lead to
22 the death of anybody?
23 A. I was there when Mirko Babic was burned, when his
24 trousers were burned by Zenga and he was not allowed to
25 put the fire out. The fire was burning, the cloth was
1 on fire and it caused burns on him. I was an
2 eyewitness, I saw the burns, the horrible burns that he
3 had. And I also saw various beatings and maltreatments.
4 Q. Let us focus on this incident concerning Mirko Babic?
5 MS. McMURREY: Your Honour, if I might object. I believe
6 that the witness has said "I eyewitnessed the burns
7 themselves". I would just ask that the Prosecutor be
8 asked to lay the proper predicate as to whether he was
9 an eyewitness to the actual event or not.
10 MR. TURONE: This is exactly what I am going through, details
11 about this incident.
12 MS. McMURREY: Thank you.
13 MR. TURONE: What did you personally see Zenga doing to
14 Mr. Mirko Babic, if anything?
15 A. I saw that personally. I saw when he put his trousers
16 on fire and he was not allowed to put it out, so it was
17 on fire, it burned and normally caused burns.
18 Q. Mr. Draganic, did that happen inside the hangar?
19 A. Yes.
20 Q. Can you say in detail how did Zenga put fire on Babic's
22 A. He took a match, lit the trousers and they were on fire.
23 Q. Was that done on one leg or both legs?
24 A. On one leg. I saw it just on one leg.
25 Q. Which part of the leg, the lower part of the leg below
1 the knee or over the knee?
2 A. The lower part of the leg.
3 Q. You said you could personally see his injuries; is that
5 A. Yes, that is correct.
6 Q. Can you describe this injury in detail? What do you see
7 exactly on the leg of Mr. Mirko Babic?
8 A. On the leg of Mirko Babic I saw a very bad burn.
9 I cannot really describe it, it looked like pine bark,
10 it was black, the wound was black and it was covered in
12 Q. You said this happened inside the hangar. Can you show
13 to the court which position exactly inside the hangar,
14 using the map on your right-hand side, please? Could
15 you please mark on the map with a circle the position of
16 Mirko Babic and write the name "Mirko Babic" right near
17 this circle? Thank you very much. (Witness marks map).
18 Mr. Draganic, can you say approximately when did
19 this incident happen, at least in which month, if you
20 remember, approximately? If you do not remember, never
22 A. I think it was in early July 1992, but I do not know the
23 exact date.
24 Q. Did Mirko Babic receive any medical care after this
25 incident, as far as you know?
1 A. Not immediately, maybe a few days later. Delic brought
2 some ointments which they put on the wounds, but not
3 immediately then.
4 Q. Did Zenga say anything during the incident itself, while
5 putting fire on the leg?
6 A. He did say something, but I cannot tell you now what it
7 was because I cannot remember what he was saying. I did
8 not pay much attention to that.
9 Q. Did you personally eyewitness any other incident
10 concerning any other prisoner while you were in hangar
12 A. I was also able to observe Spaso Miljevic. Zenga
13 tortured him. He heated up the knife and made him hold
14 the knife with his hands so he had blisters on his
15 hands. That is what I was able to see.
16 Q. Could you personally see the blisters?
17 A. Yes.
18 Q. Can you --
19 A. He showed me, that prisoner showed me.
20 Q. Can you describe how did Zenga heat the knife?
21 A. He spilt some liquid on the concrete floor and set fire
22 on it, and then he heated the knife in it and forced him
23 to hold the knife in his hand.
24 Q. Did that happen inside the hangar?
25 A. Yes.
1 Q. Can you again show to the court on the map on your right
2 what the position of Spaso Miljevic, with a circle on
3 that map, and just close to that write "Miljevic",
4 please. (Witness marks map). Thank you very much.
5 Can you say approximately when did all this
6 happen, approximately at least the month?
7 A. Well it was also July. I do not know the exact date,
8 but it was in July.
9 Q. Did Spaso Miljevic receive any medical care after this
11 A. I do not know, really.
12 Q. Again, as far as you remember, did Zenga say anything
13 during this incident?
14 A. I do not know. He was saying things that he was Arkan,
15 that he was a volunteer -- he was saying lots of
16 things. I really do not know. He was telling him
17 things. I do not know anything specific, I just know
18 that he was saying -- he was telling him that he was
19 Arkan, that he would pay for everything.
20 Q. Do you remember any other incident, any mistreatment
21 concerning any other --
22 A. Well, I remember the incident with Vukasin Mrkajic,
23 where Zenga put a slow burning fuse and set it on fire
24 and forced him to run around the hangar. He put it in
25 his underwear and he was running and the fuse was
1 burning. He was screaming, and then I think that Zenga
2 pulled out the fuse out of his underwear.
3 Q. How did Zenga wrap the fuse around Vukasin Mrkajic?
4 A. He put it on the backside and pulled it to the other
5 side and set it on fire.
6 Q. Could you personally see Vukasin's injuries from the
7 fuse, if any injuries he received?
8 A. No, I was not able to see that.
9 Q. Again, do you remember whether Zenga said anything
10 during this incident?
11 A. He was saying things. Vukasin was the chairman of the
12 SDS for Bradina, so he was threatening him. I do not
13 know the specific things that he told him. I cannot
14 remember all the details now.
15 Q. Do you remember any other incident, any other
16 mistreatment of other prisoners?
17 A. I also remember the two brothers, Vaso and Veseljko
18 Dordic. Mr. Delic was there also and they forced them to
19 slap each other, to beat each other and then Zenga
20 forced the two brothers to, if you will excuse me, this
21 is really sad and humiliating, but I really saw that,
22 they forced them to do something with their sexual
23 organs. This is something that a normal human being
24 could not do. This is really terrible, what they were
25 doing. These were innocent people, and this was all
1 done, they were maltreated for no reason at all.
2 Q. Mr. Draganic, do not feel uncomfortable. Let us say
3 exactly what they were forced to do.
4 A. They had to suck each others' penises, if you will
5 excuse me, in front of everybody else, all of us in the
7 Q. Right. Did Veseljko and Vaso Dordic suffer any other
8 mistreatment beside that?
9 A. It was not Zenga who was -- actually Zenga was beating
10 everybody all the time, he was kicking them. He was
11 beating them with rifle buts, every time he would feel
12 like it, he would come in and beat people.
13 Q. Was any relative of Veseljko and Vaso Dordic present in
14 the hangar any time?
15 A. Yes, there were relatives, Nebolsa, Dragisa, Gojko,
16 there were quite a few relatives there.
17 Q. Was the father of Veseljko and Vaso Dordic ever present
18 in the hangar?
19 A. Their father was brought in on 12th July, I remember
20 that, and he spent just one night there, and in the
21 morning he was taken out of the camp and they remained.
22 Q. Do you remember who called the father of the two
23 brothers out of the hangar when he left?
24 A. Pavo came in the morning and he called him out and
25 Jelenko left and never came back. His sons remained in
1 hangar number 6.
2 Q. All right. Mr. Draganic, can you remember any other
3 incident who you might have eyewitnessed while you were
4 inside hangar 6?
5 A. Well there was Branko Gotovac, Zenga beat him very
6 badly. Zenga was saying that -- recalling some incident
7 when they were neighbours, so that this man was
8 virtually almost dying, he was very sick and then
9 Mr. Delic came and took Mr. Gotovac to the infirmary, to
10 number 22 so he survived, he recovered.
11 Q. Is there anything, any other incident you might remember
12 concerning other prisoners?
13 A. There were incidents, Jovo Draganic was also beaten by
14 Mr. Delic. He was beaten with a baseball bat. I do not
15 know how he survived that. All those blows. There are
16 many other details, and I cannot really recall all of
18 Q. Do you know a name by the name Dusan Bendzo?
19 A. Yes, I forgot about that, Dusan Bendzo. Zenga also set
20 his trousers on fire and he was burned. He beat him and
21 he maltreated him. I do not know how he survived all
23 Q. Could you personally see his injury?
24 A. Yes.
25 Q. Can you describe this injury?
1 A. It was also a burn on his lower leg. The wound was blue
2 and red, you know what a burn looks like.
3 Q. Did that also happen inside the hangar?
4 A. Yes, inside the hangar.
5 Q. Can you please show to the court with this map the
6 position of Dusan Bendzo inside hangar 6 with a circle,
7 writing the word "Bendzo" right near it. (Witness marks
9 Your Honour, may I tender for admission
10 Exhibit 174?
11 JUDGE KARIBI-WHYTE: Yes.
12 MS. McMURREY: Your Honour, excuse me, just for
13 clarification purposes could we have the witness draw
14 the lines so we know which line that these people were
15 seated in, just so we can tell perceptually where they
17 JUDGE KARIBI-WHYTE: The seating arrangement, whether he can
18 indicate the seating arrangement so we can be more
20 MR. TURONE: If you can draw the lines, Mr. Draganic, in order
21 to indicate the lines according to where the prisoners
22 were sitting and so that it is clear to which lines all
23 the marks you did belong. (Witness marks map).
24 A. This is the second row, this is the third row and this
25 is the fourth row.
1 MR. TURONE: All right. Is 174 admitted, your Honour?
2 JUDGE KARIBI-WHYTE: It is already an exhibit in the
4 MR. TURONE: Okay, thank you.
5 Mr. Draganic, were you ever interrogated by
6 military investigators while you were in Celebici?
7 A. I was interrogated about three or four days. It was
8 18th or 20th June 1992 after we were brought in. That
9 was when I was interrogated.
10 Q. Where in the camp were you interrogated?
11 A. In the Celebici command building.
12 Q. Who called you out of the hangar in order to take you to
13 the command building?
14 A. A guard, I do not know who he was. He called out some
15 of us, so we came to the command building, and he said
16 we should lean against the wall and put our heads
17 against the wall and to wait there.
18 Q. Which wall are you talking about, Mr. Draganic?
19 A. The infirmary, building number 22.
20 Q. So you said you were called out of the hangar with some
21 other prisoners?
22 A. Yes, from building number 6.
23 Q. Yes, but how many prisoners were called outside together
24 with you?
25 A. Six of us, myself, Goran Draganic, Marinko Zivak, Jovo
1 Draganic, Branko Zelenovic and Bozo Zivak, I think.
2 Q. Among these six prisoners who were called out of the
3 hangar at the same time, were you the first who was
5 A. Goran Draganic was the first. I was the second.
6 Q. Where did you stay while waiting for your turn to be
8 A. We were next to the infirmary, number 22. We were
9 waiting there to be called in, and while we waited the
10 man nicknamed Hodza called Goran Draganic out, they knew
11 each other well, they went to school together and the
12 rest of us continued waiting. While we waited I looked
13 around and I saw a guard walking. He was holding some
14 kind much an instrument and he beat everything once and
15 when he came to me he did not beat me. Then we waited
16 for a while and then Mr. Delic came and asked Jovo
17 Draganic who was next to me, he asked "where is your
18 beard and your song? You used to sing". He said, "you
19 will pay for this". Then he left. Then the second time
20 a guard came carrying a hammer, it was a wooden or a
21 rubber hammer and he beat Marinko Zivak and he fell
22 down. Again he did not beat me.
23 Then after a while a third person came holding
24 some kind of a bat and then he approached me, it was in
25 summer and I was wearing a shirt, and he pulled up my
1 shirt to my neck and he hit me twice on the back, so
2 this finished and then I was called in, it was my turn
3 and I was questioned.
4 Q. Mr. Draganic, is what you describe right now happened
5 while you were facing the wall of building 22?
6 A. Yes, that is right.
7 Q. Did that happen while you were waiting for your turn,
8 while Goran Draganic was being interrogated; is that
10 A. Yes, that is correct.
11 Q. So you mentioned the name of somebody called Hodza who
12 called Goran Draganic to be interrogated. Do you know
13 who is this person and what is the complete name of him?
14 A. I know him personally, his father was called Hodza, they
15 lived in Bradina, I know him as well, but I do not know
16 his exact name, his first and last names.
17 Q. When your turn came, can you say who were the persons
18 who interrogated you?
19 A. There was Hodza and two other people, two other men and
20 a woman who was a secretary. I did not know many people
21 in Konjic because I did not work there. I worked in the
22 fields so I did not spend much time in Konjic.
23 Q. I see. Were these people in uniform?
24 A. No.
25 Q. How were you treated during the very interrogation?
1 A. They asked me where I was for the past six months, what
2 I was doing, whether I had weapons, who had given me the
3 weapon and I answered all their questions; where you
4 were, I said in Bradina, they asked me whether I had
5 fired the weapon, I said no, and then they told me, "you
6 are all saying that you do not know anything now" and he
7 cursed my mother. That is all. They did not really
8 question me much, so my statement was very brief.
9 I said that I was in Libya, and that I had arrived on
10 28th April in 1992, that I had come home at that time.
11 Q. Mr. Draganic, can you say in which room of the command
12 building were you interrogated? I mean, did the room
13 face the camp or face the road outside the camp?
14 A. At the entrance of the command, down along the hallway,
15 the last room on the right, that is where I was
17 Q. Just to be clear, did the window or windows of the room
18 face the camp or face the road outside the camp?
19 A. I honestly cannot say. I was not really paying
20 attention to that. I just do not know. If I was on the
21 right-hand side, we were facing the street, and not the
22 camp, towards the town of Celebici.
23 Q. If we show you a model of the command building, would
24 you be in a position to indicate the very room where you
1 A. Yes.
2 Q. May I ask the usher to show the witness the enlarged
3 model of the command building, so the big building under
4 there. Just turn it the other side --
5 MS. McMURREY: Your Honour, I am just going to have to ask
6 the court's indulgence, because this was so long ago
7 these models were placed before us. If my memory serves
8 me correctly, I believe that model was not introduced
9 into evidence because they could not verify that it was
10 accurate in any way. I know the model of the camp
11 itself was but I believe this model was not introduced
12 at that time. I may be wrong, but that is what
13 I remember. That was back in early March. Is there
14 some way that we can verify that?
15 MR. TURONE: I think I remember that we had a second witness,
16 Mr. Broubils, after Mr. Bellen who introduced this model
18 MS. McMURREY: Your Honour, I really cannot remember that.
19 I do remember there was a controversy over that one
20 model. I will leave it up to your memory as to what you
21 remember about it.
22 JUDGE KARIBI-WHYTE: Actually it depends upon the purpose
23 for which it is now being used. If it is only to
24 indicate where the witness stayed and if he could give
25 the bearing from where he could see things, perhaps it
1 might be mutually useful.
2 MS. McMURREY: I believe it could be. I think our
3 objection back then was that if they could not
4 authenticate that it was accurate, then it could not be
5 used for demonstrative purposes because then the person
6 would be thrown off. I will leave it up to the court.
7 I just vaguely remember something eight months ago that
8 dealt with that building.
9 MR. TURONE: May I remind my learned colleague of the Defence
10 that actually this model was admitted through the second
12 JUDGE KARIBI-WHYTE: The second witness.
13 MS. McMURREY: Then I accept Mr. Turone's explanation as
15 MR. TURONE: Do you recognise the door, the entrance of the
16 building, Mr. Draganic? If you take out the roof of the
17 building, could you please indicate to the court, as far
18 as you remember, which was the room in which you were
19 interrogated? You can stand up if you wish.
20 A. In this room here (indicates).
21 Q. The room has a number. May the usher say the number
22 which appears in the room?
23 A. 12, here.
24 THE USHER: 12.
25 JUDGE KARIBI-WHYTE: The first one.
1 MR. TURONE: All right. Mr. Draganic, it does not -- it is
2 all right, thank you. We have finished with that.
3 MS. McMURREY: If I might just ask that we have a number
4 for that exhibit so I can mark it in my notes to be more
5 accurate, please.
6 JUDGE KARIBI-WHYTE: Thank you very much. Provide the
7 number of the exhibit.
8 THE REGISTRAR: It is number 2B.
9 MR. TURONE: Okay. Mr. Draganic, did you sign any piece of
10 paper, any record after the --
11 THE INTERPRETER: Microphone.
12 MR. TURONE: I am sorry. Mr. Draganic, did you sign any piece
13 of paper, any record after that interrogation?
14 A. I cannot really remember whether I signed anything or
15 not. I did give a statement, but whether I signed it or
16 not, it is possible that I did, but I just cannot
18 Q. Apart from signing, do you remember having read,
19 anything written concerning your statement or not?
20 A. No, I did not read it, nor was it given to me to read.
21 Q. What happened after the interrogation? Did you have to
22 remain outside again, against the wall, or not?
23 A. Yes, we did stay against the wall and then when we were
24 finished the guards took us to the hangar, to number 6.
25 Q. Were you beaten again while --
1 A. No, no.
2 Q. All right. Did the Red Cross ever visit the camp during
3 your stay there?
4 A. Yes, they did in July. I was there and that was when we
5 were registered. When the Red Cross came, we were
6 allowed to say what our problems were without the
7 presence of the guards. Then in the evening when the
8 Red Cross left, then eight guards came and Delic and
9 Zenga were there and then we were beaten up, because we
10 had said perhaps what was happening in the camp or
11 something like that and maybe they saw it and that is
12 when we were beaten and mistreated.
13 Q. Was there any other time when the Red Cross came, or
14 only once, do you remember?
15 A. Twice more while I was in the camp, but I cannot
16 remember the exact dates, because on 30th August I was
17 released to go home.
18 Q. What happened in the other occasions when the Red Cross
19 came, if anything?
20 A. Nothing really happened. Later it was better, the food
21 was better and they were not beating us as much.
22 Q. Going back to the occasion on which you were beaten
23 after the first visit you have been talking about, did
24 the guards say anything while beating you on that
1 A. No, somebody from Foca then again somebody from Modric,
2 Kumdic that was his name, four of them, it was done very
3 quickly, like in films, I was kicked on both sides,
4 I was hit. I really thought I would not survive
5 something like that. I have survived everything and
6 then they went on, they beat people up very quickly and
7 then they just left the hangar.
8 Q. Besides this, besides what you said already, did you
9 personally suffer any other beating or physical
10 maltreatment during your stay in Celebici?
11 A. No, only once Mr. Delic hit me, kicked me here and when
12 we were going outside to the toilet we had to run, and
13 on my way back, the rope holding my trousers was
14 undone. I started laughing because my trousers almost
15 fell down and I did not see Delic inside, so I sat down
16 to my place and then all of a sudden there was
17 somebody's foot here. He swore at me and I did not know
18 what to say, because my trousers were falling down and
19 then after that I was not beaten.
20 Q. With what did Mr. Delic beat you in that occasion?
21 A. He kicked me. He was wearing boots.
22 Q. Okay. Did you know Delic from before the war?
23 A. No, I did not.
24 Q. Did you know Zenga from before the war?
25 A. No, I did not know Zenga either.
1 Q. Which role did you observe Delic having in the Celebici
3 A. I do not know. We called him Mr. Commander, but exactly
4 what his role was, I do not know. He knows, but I do
6 Q. Do you have any knowledge of who was Mr. Delic's superior
7 inside the camp?
8 MR. GREAVES: With respect, he has described Mr. Delic as
9 Mr. Commander. That implies that he is the superior.
10 MR. TURONE: Let us rephrase the question. Do you know who
11 was the superior of Mr. Delic?
12 A. It was Mr. Pavo, Zdravko Mucic.
13 Q. Do you know what was the role of Mr. Mucic?
14 A. They used to say that he was the camp commander, but
15 that I do not know. He used to come there.
16 Q. Did you ever see Mr. Mucic in the camp?
17 A. I did, several times.
18 Q. Approximately how many times did you see Mr. Mucic in the
20 A. I saw him perhaps on ten occasions during the time that
21 I was there.
22 Q. Can you say in which parts of the camp did you see him
23 and doing what?
24 A. On one occasion, an Arab TV crew, I think, was visiting
25 us and there were about ten of them, the crew and Pavo,
1 Delic and some others, and they asked some people about
2 their -- about what was happening. They asked Zeljko
3 what his treatment was and he naturally said certain
4 things, but there were naturally certain things that he
5 did not dare say, as things were.
6 Q. Did Mr. Mucic usually wear a uniform?
7 A. Well he was wearing trousers with pockets and he had a
8 T-shirt and he had an automatic gun.
9 Q. Did you know Mr. Mucic from before the war?
10 A. No.
11 Q. Mr. Draganic, when did you finally leave Celebici camp?
12 Do you remember the date?
13 MR. OLUJIC: An objection, asked and answered.
14 JUDGE JAN: He said 30th August, if I remember correctly.
15 If I remember correctly, he said 30th August.
16 THE INTERPRETER: Microphone, please.
17 MR. TURONE: I apologise, your Honour, you are right. I am
18 sorry. This is the end, but your Honour, just for the
19 record to be clear, since we did not clarify that when
20 the witness pointed the area of the manholes on the
21 model, and since there is not really a sticker in that
22 area, may I be allowed to ask the witness this last
24 Mr. Draganic, can you say approximately in which
25 part of the camp were the manholes you have been talking
1 about during your testimony?
2 A. Where to show you? On the map?
3 Q. I know you showed us on the map, but can you say, just
4 describe with your own words approximately in which part
5 of the camp the manhole area was?
6 JUDGE KARIBI-WHYTE: You can use the model.
7 MR. TURONE: You can point again to the model if you wish and
8 say where the area was, close to what.
9 A. There, the manholes are there (indicates).
10 Q. My problem is that there is not a sticker any more on
11 that area. It used to be. For the record, I would like
12 to make clear --
13 JUDGE KARIBI-WHYTE: Does anything there show manholes?
14 Does anything there demonstrate that there are manholes
16 MR. TURONE: There is a number of small squares.
17 A. As far as I could see, but I could not really observe
18 that because I was not really allowed to look while they
19 were taking us there. I had to look straight ahead,
20 I could not really have a close look at things to really
22 MR. TURONE: Anyway, just for the record, let us say that he
23 pointed at an area which is not far from the gate.
24 JUDGE KARIBI-WHYTE: How then do we identify it?
25 JUDGE JAN: Just behind tunnel number 9.
1 THE INTERPRETER: Microphone, your Honour.
2 MR. TURONE: Just behind tunnel number 9, as Judge Jan says.
3 JUDGE KARIBI-WHYTE: If there is anyone who has talked about
4 manholes, then we should identify them.
5 MR. TURONE: I did not get you, your Honour.
6 JUDGE KARIBI-WHYTE: You do not understand that this is the
7 only witness who has spoken about manholes.
8 MR. TURONE: Then I think we pointed out for the record that
9 he indicated an area right behind tunnel 9.
10 JUDGE KARIBI-WHYTE: If that satisfies you as the
11 Prosecution, we can rely on that.
12 MR. TURONE: I think so, your Honour. This is the end of my
13 examination-in-chief. Thank you very much.
14 JUDGE KARIBI-WHYTE: Any cross-examination, please?
15 MS. RESIDOVIC: Your Honour, I would like to inform you
16 that Defence for Mr. Delalic has no questions for this
17 witness. The cross-examination will be Mucic's Defence
18 counsel, Defence counsel for Mr. Delic and finally
19 Defence counsel for Mr. Landzo.
20 MR. OLUJIC: Your Honour as for Defence counsel for
21 Mr. Zdravko Mucic, we also have no questions for this
22 witness. As far as we are concerned, this would
23 complete our cross-examination.
24 MR. MORAN: Your Honour, I would like to say I have no
25 questions, but in fact I do. Let me go and get wired up
1 down here. May it please the court?
2 JUDGE KARIBI-WHYTE: You may proceed.
3 Cross-examined by MR. MORAN
4 Q. Good morning, Mr. Draganic -- or I guess it is good
5 afternoon, sir.
6 A. Good morning.
7 Q. My name is Tom Moran and I am Hazim Delic's lawyer.
8 I am going to ask you some questions, some of which are
9 going to be directly related to what you have already
10 talked about and some of which may have something to do
11 with your statement, some which may not be anything you
12 have talked about at all. I would like to ask you if we
13 could have a deal, that you will listen to my questions
14 and if you do not understand them, stop me and I will
15 rephrase it so that you do understand it. Can we do
17 A. Okay.
18 Q. If you would listen to my questions and just answer the
19 question that I ask, I think we -- some of them just
20 call for yes or no.
21 A. Fine.
22 Q. I think that will get us out of here a lot quicker.
23 Another thing is you have been nodding and you have also
24 answered out loud. I would like to point out that there
25 are two ladies in the courtroom, court reporters, and
1 they have to write down anything any of us say. They
2 cannot write down a nod. If you answer in words? Can
3 we do that?
4 A. Okay.
5 Q. Okay, that is great, sir. Thank you very much.
6 The first thing I would like to talk to you about
7 is the military actions that you were involved in.
8 I understand that you had a M48 rifle.
9 A. 48, yes.
10 Q. That is a military rifle, is it not, sir?
11 A. Yes.
12 Q. It fires, what, 7.62 millimetre military round?
13 A. Yes.
14 Q. And it is designed to shoot people?
15 A. Yes.
16 Q. And it is what, a bolt action rifle, is it not?
17 A. M48.
18 Q. Yes, sir. Do you have to work the action every time you
19 fire a shot; is that not right, sir? Lift the bolt and
20 pull it back and put it forward by hand?
21 A. Yes.
22 Q. So it is what we would call a bolt action rifle?
23 A. Yes.
24 Q. When did you get that, sir?
25 A. I got it when I came back from Libya, around 6th,
1 5th May 1992.
2 Q. Okay. Did you have to pay for it or did someone give it
3 to you?
4 A. I was given the gun, and I was told, "you should have
5 it, you need it to defend your home". I did not really
6 think I would need it for that purpose.
7 Q. Sir, were you in any kind of a military unit with a
8 commander or anything like that?
9 A. Let me tell you, there was really no commander. If
10 there was a commander perhaps things would have happened
11 differently. We were simply a village. We simply got
12 together to prevent things. We went to the town
13 community to negotiate. We prepared minutes of 10th May
14 that we would leave each other alone, because in my
15 village there were only Muslims and Serbs but as soon as
16 the minutes were signed, perhaps after two hours, as
17 soon as we returned, there was already an attack and
18 that is when we fled, the younger people, younger women
19 all fled to Bradina.
20 Q. Okay, so -- you did not have any kind of uniform or
21 badges or anything to show you were in some kind of a
22 military unit, did you?
23 A. Nothing, I had nothing. I was in civilian clothing.
24 Q. By the way, you were a citizen of Bosnia-Herzegovina at
25 the time, were you not?
1 A. Yes, we were citizens of Yugoslavia. I was a Yugoslav.
2 We were all Yugoslavs until then.
3 Q. Okay, that is fine, sir. Let me go on to something
5 Let me jump forward to when you arrived at the
6 Celebici camp, okay? You were on that truck --
7 A. Okay.
8 Q. -- about 65 of you, 64, 65 prisoners taken off the truck
9 and made to stand against this wall; do you remember
11 A. Yes, I do remember that.
12 Q. Do you remember if there were a whole lot of guards
14 A. There were, but I honestly do not remember how many,
15 because we were not allowed to look. I did not dare
16 look, I did not look. They were there, but I really do
17 not know how many.
18 Q. Yes, sir and I understand that under those circumstances
19 you could not count them. Could you help me out on
20 this, were there just a few, was there a whole lot of
21 them, or was it somewhere in between? Can you give me
22 an approximate number, that is what I am asking for.
23 A. Maybe something like that, maybe 10, 15. I really do
24 not know. Maybe there were more, I really cannot
25 remember. I cannot say precisely because I did not dare
1 look at them so I did not see so I am not able to say
2 what the exact number was, because I simply do not know.
3 Q. I understand that sir. No one is pressing you for an
4 exact number. You could not count them. Did you get
5 any feel for what their mood was? Was it a nasty mood,
6 did they appear to be well behaved troops? How did they
8 A. I do not know. We were standing against the wall for a
9 while and then we were told to take everything out of
10 our pockets. We did so and then after that, I really do
11 not remember. I was not beaten when I was standing
12 against the wall. I do not know about the others, they
13 were not beating people standing next to me. Then we
14 had to take our belts out, our shoelaces out. I was one
15 of the first and the first seven, I was one of them, who
16 were taken to the manholes. I really do not know what
17 happened later after we left.
18 Q. Yes, sir. What I was asking about was did you have any
19 feel for the demeanour and the mood of most of the
20 soldiers that were there? Did they -- were they
21 shouting at you and threatening you, or were they
22 talking to you in a slow, clear, calm voice? What was
23 the atmosphere?
24 A. For them it was merry. For us it was sad. There were
25 playing Gusle, a national Serb instrument and they told
1 us all kinds of things, I really cannot remember, to be
2 quite honest. But there was mistreatment.
3 Q. The reason I am asking this, sir, is I am going to
4 suggest something to you and maybe you can help me out
5 with this.
6 Let me suggest to you -- let me preface it with
7 this. There has been a lot of testimony from others who
8 were brought in in other groups that when they were
9 standing at that wall they were beaten. Will you accept
10 that from me?
11 A. I did not see, I think not, because I think we were okay
12 compared to others, we people from Brdjani, because
13 no one from my village was really tortured. We did not
14 really give any resistance. We simply surrendered our
15 weapons when we came back from Bradina. I think they
16 were okay towards us, to people from Brdjani. I can
17 only really say just the truth.
18 Q. Yes, sir. What I am suggesting to you is this: I am
19 suggesting to you that Mr. Delic and some of the other
20 guards hustled you away from the wall and put you down
21 the manhole to protect you from other people, to keep
22 you from being beaten. Do you have any indication if
23 that is in fact what happened?
24 A. I have no idea. Maybe. It is possible. I really do
25 not know how to answer this.
1 Q. Let us step ahead. You were taken from the wall to the
2 manhole and you were there for, what, in that manhole,
3 about two hours?
4 A. We were there from noon or 1.00 in the afternoon until
5 7.00 in the evening.
6 Q. Okay, about six hours, give or take a little. When you
7 were brought out of the manhole, were there the same
8 guards that were around when you were up against the
9 wall, were they still there or had they left?
10 A. They came to the command around 7. Delic was there, he
11 told us to go out. He opened the manhole, we all left
12 and we had to put our hands on our heads and then we
13 went to hangar number 6, we had to line up against the
14 wall and then we were taken in in groups of five and he
15 told each one of us exactly where to sit.
16 Q. Yes, sir, but was there that large number of guards
17 there, those guards that were laughing and having a good
18 time when you were up against the wall, or had those
19 people left?
20 A. They were there? What do you mean, where? When they
21 brought us to number 6, is that what you mean.
22 Q. Yes, sir. What I am asking, to cut right to the chase,
23 is this: you have testified that there were a large
24 number of guards when you were up against the wall and
25 that they were kind of making merry.
1 A. Yes.
2 Q. Is it not true that what you were --
3 A. Yes, in the manholes, there were six of us or seven of
4 us in the manhole where I was and in the other manholes
5 where other people were, Mirko Zivak and Zelenovic, they
6 cried for help, they had asthma and had not enough air.
7 So the guards took them out later and the rest of us
8 left the manholes at around 7.00. Then all of us
9 gathered together and went to the hangars. The guards
10 were there when we were in manholes.
11 Q. Were they better behaved when you got out than they were
12 when standing against the wall? Behaving more
13 professionally, quieter?
14 A. Yes, they were quiet when we got out.
15 Q. Okay, that was what we were trying to get at.
16 I appreciate it very much your helping me with that.
17 Let me jump forward again a little bit to your
18 interrogation. While you were in the camp, did you ever
19 see or get to know the person who was the camp's driver?
20 A. I know the driver who drove the van, I know him by
21 sight, but I do not know what his name was.
22 Q. If I gave you a name, could that possibly ring a bell?
23 A. It is possible. It might.
24 MR. MORAN: Your Honour, do you want to do this in closed
25 session? The name has been mentioned in public session,
1 it has been mentioned in closed session. Whatever
2 pleases the court.
3 JUDGE KARIBI-WHYTE: We will do it in closed session.
4 MR. MORAN: That is fine, your Honour. Can we go into closed
5 session for about 30 seconds?
6 JUDGE KARIBI-WHYTE: Please let us go into closed session.
7 (In closed session)
21 (In open session)
22 JUDGE KARIBI-WHYTE: Okay, we return to open session.
23 MR. MORAN: Okay. Sir, did you see that man when you were
24 taken to be interrogated? Was he one of the people that
25 took you over there?
1 A. I do not know, I do not know who were the people who
2 took us there. I cannot say that. There were some
4 Q. Okay, that is fine. Were your hands tied at any point
5 while you were being interrogated or being led to the
6 interrogation or being led back?
7 A. No.
8 Q. Okay. That is fine, sir. Zeljko Klimenta, his death.
9 When the guard -- after he was shot, you said the guard
10 had said that he did not know the gun was loaded,
11 basically; is that right?
12 A. Yes, that is what the story was.
13 Q. Okay. Did you see him, sir, the guard?
14 A. I saw the guard later. He was there. He was guarding
16 Q. The same day?
17 A. Yes, the same day.
18 Q. How long after the shooting was it that you saw him?
19 A. The guards?
20 Q. Yes, sir, Mr. Padalovic.
21 A. I saw him immediately after that when they went out to
22 hose down the blood.
23 Q. Sir, what was his demeanour? Was he crying, was he
25 A. He was silent.
1 Q. What did he look like, sir? What was his demeanour?
2 Did he look sad, did he look shocked?
3 A. He was not happy. He was not laughing. He was
5 Q. Okay, that is fine. Thank you very much, sir. Jovo
6 Draganic, his beating. You testified about that. First
7 let me ask you, is he any relative of yours, sir?
8 A. Yes.
9 Q. How are you related to him?
10 A. Well, maybe three times removed. It is really very
11 distant relation.
12 Q. Okay. Were you close to him personally? Were you and
13 he close friends? Did you see him a lot before the war?
14 A. I used to see him, but we did not spend much time
15 together because my house was closer to Podorasac than
16 to Brdjani and since I did field work we did not see
17 each other often.
18 Q. That is fine. You testified that he was beaten by
19 Mr. Delic with a baseball bat. Do you recall that maybe
20 30 minutes ago, an hour ago you testified to that?
21 A. Yes.
22 Q. Who told you it was a baseball bat?
23 A. We saw the bat. He carried the bat with him. It was a
24 yellow bat and it had the word "Turbo" written on it.
25 Nobody told me that, that is what I saw.
1 Q. Sir, the reason I say that is that in your statement to
2 the Office of the Prosecutor you described it as a plank
3 painted yellow as opposed to a baseball bat, and I am
4 curious where the words "baseball bat" got into your
6 A. I used the term "Turbo bat", I just saw the baseball
7 bat. I had never seen such a bat before.
8 Q. Although baseball may be the national sport of my
9 country, I am sure it is not of yours. I can understand
10 why you would not see a baseball bat very often. How
11 hard did Mr. Delic hit your cousin? Was it real hard
12 when he hit him with that baseball bat?
13 A. He hit him outside. He called him out and he beat him
14 there outside. When he left we heard the blows.
15 Q. You do not really know whether it was Mr. Delic or who
16 hit him if it was outside; you did not see it, did you?
17 A. He told me that. I did not see it, because he beat him
18 outside. He told me that.
19 Q. Okay, so the source of your information is your cousin.
20 When you talked to the Prosecutor, the investigator for
21 the Office of the Prosecutor -- strike that, let me back
22 off for a second.
23 You said you could hear the beatings, the blows?
24 A. Yes.
25 Q. Were they real loud inside? Clearly you could hear
2 A. Yes.
3 Q. Would you agree with me that they were awfully hard
5 A. Yes, of course they were. We changed his clothes and if
6 you will excuse me, he was all wet, so his clothes were
7 changed after he was brought in the hangar, and then
8 later, I saw when his skin started to peel off. That is
9 what I saw with my own eyes. I did not see the beating,
10 but I heard it.
11 Q. Sir, about how long -- I know you did not have a watch
12 so you cannot tell me exactly, but about how long did it
13 take for this beating?
14 A. For a long time. It is an eternity. Maybe 20 minutes,
15 half an hour.
16 Q. Okay. What parts of his body were bruised when you saw
18 A. From this part downwards (indicates). From the belt
19 down, from the waist down.
20 Q. So it was both of his legs, his back, all over the
21 entire lower part of his body from his belt down?
22 A. Yes, all over.
23 Q. You told the Office of the Prosecutor's investigator
24 that he was hit about 170 times, that is 170. Do you
25 recall that?
1 A. I do not know whether it was 170 times. When you are
2 expecting something, it seems like an eternity. He said
3 himself that he was hit that many times.
4 Q. Okay. You heard the hits?
5 A. Yes.
6 Q. So would 170 to 200 hits be an approximate number?
7 A. Not 200, maybe 170.
8 MR. MORAN: 170, just like he told the investigator for the
9 Office of the Prosecutor.
10 Your Honour, somewhere we have in evidence a
11 baseball bat. I would like to show it to the witness,
12 unless it is still back in a closet some place. It is a
13 Delic exhibit. (Handed). Sir, does that look something
14 like what you saw?
15 A. Yes, it is similar to this one, the bat was similar to
16 this one, only it was wider and yellow and it tapered
17 off and it had the word "Turbo" written on it. Whether
18 it was of hard metal or of some other material I do not
19 know, because I never held it in my hands. It just had
20 the word "Turbo" written on it.
21 Q. That is Delic exhibit -- I believe 9.
22 THE REGISTRAR: It is D6/3.
23 MR. MORAN: Okay. That is all we need with the bat. Thank
24 you very much.
25 Sir, I am still troubled with the fact that when
1 you talked to the Prosecutor you described that object
2 as a plank and now you are describing it as a baseball
3 bat, because like you said, you had never seen a
4 baseball bat presumably before today; is that right?
5 A. No, I saw it then, and I said that he beat Bosko
6 Samoukovic with a plank. I did not say that for Jovo
7 Draganic. I used the words "baseball bat".
8 Q. Sir, have you talked to -- who have you talked to about
9 your testimony here today?
10 A. No one.
11 Q. No one? Let us go back in time. Before you got on the
12 stand, I guess it was last Thursday, since you have
13 gotten to The Hague have you talked to anybody from the
14 Prosecutor's office, perhaps Mr. Turone, that nice
15 gentleman that was asking you questions. Did you ever
16 talk to him about your testimony here?
17 A. Yes.
18 Q. Okay, so you talked to him. About how long was that
20 A. Three or four hours.
21 Q. Okay besides Mr. Turone, and I presume an interpreter,
22 was there anyone else present during that conversation?
23 A. Yes.
24 Q. Who was that, do you recall?
25 A. I do not know what that person's name is.
1 Q. Okay. You just had that one conversation with him,
2 what, last week?
3 A. Yes.
4 Q. And you have not talked to him about the case since
6 A. No.
7 Q. And those three people, Mr. Turone, the interpreter and
8 whoever that other person was are the only three people
9 in The Hague that you have talked to about your
11 A. Yes.
12 Q. Before you came to The Hague, who did you talk to about
13 your testimony here today?
14 A. I talked to Desa Vokmen. She invited me to come here.
15 Q. Who is she, sir?
16 A. Desa Vokmen, that is her name.
17 Q. Is she associated with any groups, for instance, the
18 Association of Detainees in Belgrade?
19 A. I honestly do not know, because I am not a member of the
20 association, so I cannot talk about that.
21 Q. But she talked to you about your testimony here. Who
22 else was --
23 A. Yes.
24 Q. How long was that conversation?
25 A. She just asked me whether I would be prepared to
1 testify, I said I would, and this is what it all boiled
2 down to.
3 Q. That was before or after you talked to the Prosecutor's
5 A. That was before I came here.
6 Q. Okay. Was it before or after February 1996, if you
8 A. What do you mean, the conversation with whom? In
9 February 1996, I went to Timosvara to give a statement
11 Q. That is right. Was this conversation with this woman
12 before or after you went to Timosvara?
13 A. I spoke to that woman, I got in touch with her just
14 before I came here, maybe it was in May.
15 Q. Okay. You called her or she called you?
16 A. She called me.
17 Q. You talked to her about what your testimony and the
18 facts were going to be, what you knew about the case?
19 A. Yes.
20 Q. Did she tell you what any of the other witnesses had
22 A. No.
23 Q. Did she help prepare you for your testimony, telling you
24 what kinds of questions may be asked or what the
25 courtroom looks like or anything like that?
1 A. Nothing. She did not tell me anything. We just spoke
2 on the phone.
3 Q. Was the conversation about "I am going to go to
4 The Hague" or "I want you to go to The Hague and here is
5 where your plane tickets will be", or did you talk about
6 the substance of your testimony?
7 A. Nothing, she just told me where to pick up my ticket and
8 how to get here.
9 Q. She told you that back in May of this year, about four
10 months ago?
11 A. Yes.
12 Q. Okay. You did not talk to anyone about this case
13 between that conversation with this woman back in May
14 and your conversation with Mr. Turone after you got to
15 The Hague; is that right?
16 A. No, that is correct.
17 Q. Okay. Let us step back. Before that conversation with
18 this woman back in May, did you have any other
19 conversations with anyone about your testimony here?
20 A. No.
21 Q. How about an investigator for the Office of the
22 Prosecutor over in Timosvara, over in Romania. Did you
23 have a conversation with that person?
24 A. No.
25 Q. So you never talked to --
1 A. Excuse me, who did I talk to?
2 Q. An investigator for the Office of the Prosecutor, a man
3 whose name looks like he is an oriental man?
4 A. Timosvara, I did talk to him.
5 Q. Yes. Let me step back to that woman. Where was she
6 calling you from, do you know, that woman you had the
7 conversation with?
9 Q. Okay, so she is -- does the phrase Serbian Woman's
10 Congress mean anything to you?
11 A. I have never heard of that.
12 Q. Okay, that is fine. How long was the conversation?
13 A. You mean on the phone?
14 Q. Did you meet her in person and talk to her on the
15 telephone, or did you just talk to her on the phone?
16 A. I just talked to her on the phone. I do not know that
17 woman. We just spoke on the phone.
18 Q. Do you know how she found out who you are and where you
20 A. She heard about me because this tragedy happened to me,
21 this is what I stated in Timosvara. If possible
22 I wanted to talk about that, I wanted to say about my
23 family, because my neighbours killed my sister-in-law,
24 my wife and my father and I had been through many things
25 and that is why she called me to come here.
1 Q. Okay. What I am trying to get at, sir, is, until I saw
2 your name on a witness list, I did not know you
3 existed. How did she know that you existed, that you
4 even knew anything about this case? Do you know?
5 A. Probably she had to know about me because I had given a
6 statement in Timosvara.
7 Q. Did she indicate to you that she knew what was in your
8 statement that you gave at Timosvara?
9 A. No, she did not say that.
10 Q. When she was talking, did it sound like she knew what
11 was in your statement in Timosvara?
12 A. I have no idea. She probably knew, but she did not say
13 anything to me, she just told me how to come here.
14 Q. Okay. Did you have any conversations other than with
15 Mr. Fujiwara and Ms. Vokmen, I believe it is (redacted)
17 (redacted) Did you have any other conversations with
18 anybody about your testimony here?
19 A. No.
20 Q. But you were invited to Timosvara by somebody. I am
21 sure you did not just go vacationing in Romania?
22 A. I was invited by Dordic, Milica Dordic, whatever her
23 name was, in Belgrade to go to Timosvara to give a
24 statement there. Dordic Mila, that was her name. Maybe
25 you are familiar with that name.
1 Q. Yes, sir. Is she involved with the Association of
2 Detainees, do you know, in Belgrade?
3 A. She probably does work for them.
4 Q. Okay. Did you talk to her about what you know about
5 this case, or anybody from her organisation?
6 A. We talked and she also went with us to Timosvara and she
7 said "tell them everything you know, everything you have
8 seen. Do not tell them anything else".
9 Q. Did you give her a statement, a written statement?
10 A. Timosvara?
11 Q. No, the woman from Belgrade. Did you give her a written
12 statement before you went to Timosvara?
13 A. No, I did not.
14 Q. Did you talk to her after you gave the statement to
15 Mr. Fujiwara at Timosvara about the contents of your
17 A. No, I did not even see her.
18 Q. Okay. Did she tell you how the Association of Detainees
19 knew who you are or where you were, since you are not a
20 member of that organisation? Did she tell you how they
21 found you?
22 A. It was all through friends, because we all mostly knew
23 about each other, where people were. I told them about
24 somebody and then somebody told them about me and so on.
25 Q. Okay. Was there anybody before that that you talked to
1 about your testimony?
2 A. No.
3 MR. MORAN: Your Honour, looking at the clock, it is 12.57.
4 I think I am done, but I would sure appreciate if we
5 broke early and let me think about it over the lunch
7 JUDGE KARIBI-WHYTE: You are still hanging on until we
8 resume at 2.30.
9 MR. MORAN: Yes, your Honour. I may very well just pass the
10 witness, but if you could give me the lunch break to
11 think about it, I would appreciate it.
12 JUDGE KARIBI-WHYTE: Yes, I think we will break now, if you
13 are continuing, you might continue after we resume.
14 MR. MORAN: Yes, your Honour. I appreciate that very much.
15 Thank you very much, your Honour.
16 JUDGE KARIBI-WHYTE: The Trial Chamber will have a break now
17 and resume at 2.30.
18 (1.00 pm)
19 (Adjourned until 2.30 pm)
1 (2.30 pm)
2 JUDGE KARIBI-WHYTE: You may proceed, Mr. Moran.
3 MR. MORAN: Thank you, your Honour. Good afternoon again,
5 A. Good afternoon.
6 Q. I hope you had a good lunch and feel a little relaxed.
7 I think I will be fairly short with you and we will get
8 you back about the rest of your life.
9 Let me jump to another topic, one we have not
10 talked about.
11 A. Thank you.
12 Q. That incident you described with the two brothers having
13 performed oral sex acts on each other.
14 A. Yes, in the hangar, Zenga and Delic came and then these
15 two Dordic brothers, Zenga was beating them and Delic
16 was sitting there watching. Then Zenga in front of all
17 of us forced the two brothers to -- I do not know how to
18 put it, their sex organs.
19 Q. I am not asking you in that kind of detail. What I am
20 going to ask you is this, sir. Vaso Dordic testified
21 about this also in open session in the same chair you
22 are sitting in. His testimony about that is on
23 pages 4360 and 4361 of the transcript, okay? In that
24 testimony, he never mentioned that Mr. Delic was there or
25 involved with it in any way. My question to you is,
1 sir --
2 A. He was there, I know that and I am certain about that.
3 Q. So Mr. Djordjic just did not notice it, is that your
4 position, sir?
5 A. Maybe he did not notice that in his fear, but I know
6 that, I saw it with my own eyes. I was there and
7 I would not have said it unless I had seen it.
8 Q. Okay, sir. If you would like, I could read or have read
9 to you or give you in English, I am afraid I do not have
10 a Serbian transcript, copies of exactly what Mr. Dordic
11 testified to here.
12 A. I do not know, to be honest. The only thing I am
13 interested in is what I have seen myself and that is
14 what I am saying here, only the truth. I am not
15 interested in anything else. Maybe he did not notice
16 that, but I did see it and I would not have said it
17 unless I had seen it myself.
18 Q. Okay, sir. So Mr. Djordjic did not notice everything
19 while this was occurring?
20 MR. TURONE: Objection, your Honour. Asked and answered.
21 A. I am certain.
22 MR. MORAN: Okay, fine. Let us go on to another subject,
23 sir. Slobodan Zelenovic; do you know him, sir?
24 A. Yes, I know him.
25 Q. Did he have a weapon, sir? If so, what kind?
1 A. I think he had a M48 rifle, as far as I can remember.
2 Q. The same kind that you had.
3 A. Yes.
4 Q. Do you know if he used it at all, if he discharged that
5 weapon, fired it at all?
6 A. I do not think so. As far as I know, he did not.
7 Q. Okay. Sir, you were released directly from the Celebici
8 camp; is that not right?
9 A. Yes.
10 Q. Okay. Do you know whether Mr. Delic helped arrange for
11 your release?
12 A. Well I do not know. As I said, Delic only hit me once,
13 he left me alone. On that day, 31st August 1992, at the
14 end of the day, he came, he went from one to the other
15 in the hangar, he reached me. I got up and I said,
16 "yes, Mr. Commander" and he said, "let me see your
17 category". He looked at a list and then he told me, he
18 whispered to me, "you are going home tonight". That is
19 what happened. Towards the end of the day or evening,
20 it was about 10.00 in the evening, they came to pick us
21 up in a van and they wrote down on a certificate that
22 they were releasing us to go home. We had freedom of
23 movement only within the village. Then they drove us to
24 Podorasac, there were I do not know how many people, 20,
25 I do not know and we went back to our homes.
1 Q. In fact, is it not true that the word in your village
2 was that Mr. Delic had helped a lot of people get
4 A. To be honest, I do not know. It is possible that he
5 did. I was between Podorasac and Brdjani, my house and
6 my late brother's house were a bit isolated. Maybe,
7 probably yes, I do not want to deny that, but I do not
8 know. I simply did not hear that myself.
9 MR. MORAN: Okay, that is fine, sir. Your Honour, I will
10 pass the witness.
11 JUDGE KARIBI-WHYTE: Any further cross-examination?
12 MS. McMURREY: May it please the court?
13 JUDGE KARIBI-WHYTE: Yes, you may proceed.
14 Cross-examined by MS. McMURREY
15 Q. Thank you. Dobardan, Mr. Draganic.
16 A. Good afternoon.
17 Q. My name is Cynthia McMurrey and I am Defence attorney
18 for Esad Landzo. I know the Prosecution has already
19 discussed this with you, but if we can have an
20 agreement, I know Mr. Turone has prefaced most of his
21 questions with "just tell us what you have personally
22 seen and personally experienced" and I know that you
23 have done that so far, but I want the agreement that you
24 will only testify and give evidence in this court about
25 what you personally saw; do we have an agreement on
2 A. That is what I am testifying to, only things that I saw
3 myself. I am not saying anything that I did not see
5 Q. Thank you. I want to go back a little bit to some
6 things that Mr. Moran had asked you earlier, and I know
7 you testified that at first you had not spoken -- first
8 of all I want to go back. At your break just then, did
9 you talk to anybody with the Office of the Prosecutor
10 about your testimony?
11 A. You mean now? No.
12 Q. Yes, I mean when we had our lunch break.
13 A. No.
14 Q. Thank you. Another thing you said earlier today was
15 that you were invited by Ms. Mila Dordic of the
16 Association of Detainees in Belgrade to Timosvara. You
17 said that she found out about you by word of mouth by
18 the friends that you had talked to; is that correct?
19 A. That is correct.
20 Q. These friends that you have talked to, when you were
21 back in your home town and back in Konjic, in the Konjic
22 area, you all talked about your experiences in Celebici,
23 did you not?
24 A. Naturally, we talked about everything. We talked about
25 things that we had gone through, things that we had
1 experienced. Yes.
2 Q. Thank you very much. I think you said you were a
3 construction worker and you said several times that you
4 were -- I forgot the term you used, when you say that
5 you did not work on site, you were out of the country on
6 your work during that time before 1992? I know you were
7 in Libya, but did you go other places to work also?
8 A. I had worked in Iraq and all over Yugoslavia.
9 Q. You also said that when you came back in April 1992, you
10 first came to Belgrade. Was that the place where the
11 company that you worked for was located?
12 A. When I came back to Belgrade from Libya my sister-in-law
13 was there and I spent a day there. I took a train in
14 the evening, via Montenegro and Nevesinje, and I arrived
15 to Borci, and there were some who had already left
16 Konjic, and they told me not to go to the village
17 because there was a war. I could not believe that that
18 was true.
19 I arrived to Bjela, my wife was from Bjela, she
20 was staying with my father-in-law, and at that moment a
21 man came from Konjic. He had his own fast food shop, he
22 was of my age, I could not remember his name. He was
23 looking for keys from a man named Boro Jakovljevic, and
24 I asked him, "Can I go to Konjic with you?", and the man
25 said, "Yes, you can", and naturally I went to his car,
1 and there were already the green berets at the entrance
2 to Konjic, and nobody really stopped me or asked me
4 I came to the exit from Konjic with him, to the
5 post office. Then I hitchhiked, and a neighbour of
6 mine, a Croat, named Juric Zvonko or something, I really
7 do not know, I cannot remember, we used to call him
8 Civala, he drove past with a Mercedes. He stopped,
9 asked me if I wanted to go up. I said yes, so I went
10 with him and I arrived home and there were no problems.
11 That was 28th April.
12 Q. Thank you, Mr. Draganic. I want to go back -- you said
13 you went through Montenegro to Borci. Borci is the
14 location outside of Konjic where the JNA had set up
15 their shelling location, was it not?
16 A. Yes.
17 Q. You also are good friends with Slobodan Zelenovic; he is
18 from your village, is he not?
19 A. Yes.
3 A. No.
4 Q. Thank you.
5 A. No, we have not even spoken at all.
6 Q. Thank you. In your village, there was an anti-aircraft
7 gun that was brought in from Gorazde, is that correct,
8 or do you know that?
9 A. That I do not know. I honestly do not know. I do not
10 think it was there. Maybe it was, but I do not know
11 about it.
12 Q. I am jumping around again. I want to go back to
13 something you said earlier, that the lady from San
14 Francisco in the United States, Desa Vokmen. When she
15 called you, did she tell you how she got your name?
16 A. She told me that she had been informed by Nedeljko
17 Draganic who had been a witness here.
18 Q. So she had spoken to Nedeljko Draganic?
19 A. Yes.
20 Q. Did she say whether she had spoken to him before or
21 after he testified here in court?
22 A. She did not tell me whether it was before or after.
23 I do not know.
24 Q. You also stated earlier that you have talked to other
25 people that have testified here. Who were those other
1 people that you have spoken to?
2 A. No, I spoke to Milenko, to Dragan Kuljanin, to those two
3 people. Those are the ones I have spoken to, not with
4 anybody else. They were the ones who were here.
5 Q. I did not understand which Kuljanin it was who you spoke
6 to. Can you repeat that for me?
7 A. Dragan Kuljanin and Milenko Kuljanin.
8 Q. Milenko Kuljanin, is that Mici?
9 A. No.
10 Q. Have you seen Mici Kuljanin since you have been here in
11 The Hague?
12 A. Yes, I have. I have seen him.
13 Q. Have you discussed anything that has gone on in the
14 courtroom with him?
15 A. No, we did not talk about that at all.
16 Q. Okay. Now I want to go back to where I lift, since I am
17 jumping around, we were talking about Borci a while
18 ago. You said that you had gone through Borci to get
19 back to your home. Can you just tell me the date that
20 you arrived in Borci? I know it was in April, but April
22 A. I arrived to Borci on 27th April in the morning, and
23 when I arrived there to Borci, I had no transport and
24 then in the morning, there were women leaving Borci for
25 Konjic and I went with them and I reached Bjela.
1 I arrived home on 28th April 1992, in the am.
2 Q. From Borci --
3 MR. TURONE: I beg your pardon, sorry for interrupting.
4 There is a matter for redaction and we should go to
5 private session just to talk for one minute about that,
7 MS. McMURREY: May we go to private session, your Honour?
8 JUDGE KARIBI-WHYTE: Yes, let us go to private session. Let
9 us hear what the subject matter is.
10 (In closed session)
25 (In open session)
1 MS. McMURREY: May I continue?
2 JUDGE KARIBI-WHYTE: Yes, you may.
3 MS. McMURREY: Thank you. Going back to Borci again,
4 I know how you got to your home town, but I would just
5 like to ask, when you are in Borci, do you know how far
6 it is from Borci to Konjic? Can you estimate what the
7 distance is?
8 A. From the lake to Konjic it is actually 21 kilometres.
9 Q. Thank you. When you went through Borci, were you able
10 to see or do you know what kind of JNA forces were
11 organised there? Had they occupied the area? Did you
12 see armed personnel carriers around?
13 A. Let me tell you, I did not see anything myself. The
14 only thing was as I was leaving with these women at
15 Vrapce, there were people, some were wearing military
16 uniforms, some were wearing civilian clothing, but
17 I really did not see any considerable military
18 formations along the path that I took.
19 Q. Thank you. In your testimony earlier on Thursday,
20 I believe you did state that it was a well known fact
21 that everybody in Brdjani already had weapons; is that
22 not true?
23 A. That is no secret, that was so, but nobody picked up the
24 weapons. We all said that this would not happen, that a
25 neighbour would not attack a neighbour, everybody would
1 defend their homes, but things that were not supposed to
2 happen, things that were not necessary, happened, but
3 now it is too late and what is there is there. I have
4 nothing else to say.
5 Q. One of the horrible things that happened that was not
6 supposed to happen was your good friend, Agan Ramic, who
7 you also worked with, he was one of the ones who harmed
8 you most during this ordeal, did he not?
9 A. That is correct, and also I want to tell you that I am
10 very sorry that that is so. I did not deserve that;
11 neither I nor my late father, nor my late wife, nor my
12 brother, nor my sister-in-law. He used to visit my
13 home, I used to visit him. We used to have huts in the
14 mountains. His parents used to go there. We used to
15 visit each other. We were always good friends.
16 I really do not know why that man bore such grudge
17 against me. He took my car, he drove it away. All the
18 things that he did, I really, as we say where I come
19 from, halal, we do not mind, but he came to my home. He
20 killed my father, my sister-in-law; that is inhumane. A
21 normal person cannot do that. I lost four of my family
22 members and I still have nothing against Muslims. I am
23 not a nationalist. I love every human being provided it
24 is a good human being. But what Agan did to me, I will
25 never be able to forget or forgive that. I do not know
1 why he did that. Fortunately I was not with my children
2 at the time. My father saved them. He came to my home
3 on 26th January in the evening. He said "Rajko, your
4 mother came and told you, go to the village, take your
5 children. I will stay with the in-laws". I did,
6 I stayed in the village overnight. I went back and
7 I saw the sight and I really do not understand how
8 I preserved my state of mind. I have children left,
9 I have lost my mother, I have lost so many relatives,
10 I have lost my house, I saved my children. That really
11 is tragic and I really do not know how to describe that
12 to you. Just horrible. I did go to the village after
13 that, in the morning, when I came, I had a friend who
14 was a Croat, my neighbour, Ivica Petrovic, he was the
15 director in the Monter company in Konjic. I went to his
16 house in the morning, his wife had got up and she said;
17 Rajko, do sit up, and I said; Maria, everybody has been
18 killed in my home and Ivica got up, he had been with
19 HVO. He got ready, the commission came --
20 Q. I am sorry, Mr. Draganic and I do want to express the
21 concern and the condolences of everybody in this
22 courtroom. I understand what kind of pain you have
23 suffered, and not only with your friend Mr. Ramic, but
24 also with your family and there is no way to explain
25 what happens to people. Would a good explanation be
1 that war turns people into other kinds of animals?
2 A. That is true. That is so.
3 Q. This horrible fate that has befallen you is because a
4 war was going on that you did not have anything to do
5 with; is that right?
6 A. Nothing whatsoever to do with it. I was not into
7 politics in any way.
8 Q. I want to go back to Mr. Ramic. You surrendered your
9 weapon to Agan Ramic, did you not?
10 A. Yes.
11 Q. It was Agan Ramic, your good friend, that sent you to
12 Celebici, was it not?
13 A. Yes. Maybe it was ordered from the other side, but he
14 came to pick us up and he told us that.
15 Q. I want to go forward to your testimony about when you
16 were placed in these manholes. I believe that your
17 testimony was that you were able to breathe because the
18 lids on this manhole did not fit tightly; is that
20 A. Yes, that is correct.
21 Q. I do not know if the Prosecution exhibit is still over
22 there, exhibit number 174, I think -- is that the one
23 where you marked locations? Mr. Usher, would you please
24 put that on the ELMO for me. (Handed). Can we see the
25 whole picture? Yes.
1 The first mark where you put number 1, the X over
2 on the right side, I just want to make it clear, that
3 was your position where you sat most of the time that
4 you were in Celebici until right before you left at the
5 end of August.
6 A. Yes.
7 Q. Then you were moved to the --
8 A. Yes.
9 Q. Thank you. So over there, we see that Spaso Miljevic
10 and Mirko Babic were pretty far away from you from that
11 point, were they not?
12 A. Yes, but Mirko Babic was in the same row.
13 Q. That is what I wanted to clear up, too. The row that
14 you have Mr. Miljevic in, is that row 1 or 2?
15 A. Row 2, Miljevic was in this row here (indicates).
16 Q. So that means that row 1 was up against the wall that
17 the door is on, is that what we are saying?
18 A. Yes.
19 Q. So we have row 1 which is on the wall where the door is,
20 row 2 is where Miljevic is and row 3 is where Mirko
21 Babic is. Then the fourth row is all the way across the
22 back row; is that right?
23 A. Yes.
24 Q. Thank you. I just wanted to make that clear.
25 A. Yes, that is right.
1 Q. Thank you very much. Several times today and yesterday
2 you talked about people being called out by Zenga. The
3 truth is, Zenga did not come into the hangar most of the
4 time, did he? You just heard a voice, did you not?
5 A. He entered all the time. He entered the hangar all the
7 Q. But when people were called out of the hangar at night,
8 you did not see the person calling, you just heard a
9 voice, did you not?
10 A. Yes.
11 Q. There were a lot of young guards there at Celebici, were
12 there not?
13 A. Yes, there were.
14 Q. You do not know the voices of all the young guards, do
16 A. I know that he was the main torturer and he was involved
17 in all the tortures and killings. I do not know who
18 ordered him to do that, but he did all that.
19 Q. I want to go to your comments about Simo Jovanovic. You
20 know that Mr. Jovanovic was a wealthy man from Celebici,
21 was he not?
22 A. Yes.
23 Q. In fact he had some kind of fish farm, did he not?
24 A. Yes, he did. I heard about that. I did not see it, but
25 that is what I heard. He was a manager in a
1 construction company in Konjic or something.
2 Q. You know that when he was beaten in Celebici, his
3 neighbours from Celebici were the ones who came into the
4 camp and beat him, is that not right?
5 A. I do not know. He was called out by Zenga, he was led
6 out that night. Three days before that he was not
7 beaten and then he was called out and that is when he
8 died. I do not know who beat him but Zenga was the one
9 who called him out.
10 Q. Thank you. You also talked about Zeljko Klimenta.
11 I know that Mr. Moran had already asked you a couple of
12 questions about this guard named Padalovic, but you did
13 know that Zeljko or Kelo or Mr. Klimenta was killed
14 accidently, do you not?
15 A. That is what was being said. Whether it was accidental
16 or not I do not know, but that is what the story was.
17 Q. In fact you heard that that guard was crying when this
18 happened, did you not?
19 A. I did not see him cry, I saw that he was not in a very
20 good mood, he was silent and he looked sad.
21 Q. Thank you. I want to go to Mirko Babic too. You said
22 earlier today that you personally saw Mirko Babic --
23 A. Yes, I did see it. Because he sat in the same row where
24 I was sitting, he was sitting here (indicates). I saw
25 it when he beat him and then he set his trousers on
1 fire. They were very thick trousers and they burnt
2 well. The burn was caused and I do not know who put the
3 fire out, but at any rate, there was a large wound in
4 his lower leg.
5 Q. So if Mirko Babic testified in March that he was taken
6 outside and that this incident occurred outside, he
7 would be not telling the truth; is that correct?
8 A. I do not know, I think I am not mistaken because I was
9 able to see that. He was taken out, but this is where
10 he was set on fire. He was taken out on other
11 occasions. This is what I saw. I do not know what he
12 had said, but I am saying what I saw.
13 Q. (redacted) said that the knife was heated and
14 placed on him outside the hangar near a shepherd, then
15 he would not be telling the truth either, would he?
16 A. I do not know. That is what I saw with my own eyes when
17 he heated up the knife and when he was forced to hold
18 it. This is what I saw with my own eyes. I do not know
19 what the other people had said.
20 MS. McMURREY: Your Honours, may I just have one second?
21 (Pause). Mr. Draganic, I want to, one more time, express
22 our condolences for all the pain you suffered during
23 this war. I thank you for your answers.
24 A. Thank you very much. I am really grateful to this
25 Tribunal for letting me tell you all of this, because
1 I believe that there will be justice and that everybody
2 deserves justice regardless of his or her religion or
3 nation. Thank you. I think I will feel better now
4 I have been able to tell you all about this.
5 MS. McMURREY: I pass the witness, your Honour.
6 JUDGE KARIBI-WHYTE: Thank you very much. Any
8 MR. TURONE: There is no questions for re-examination, your
9 Honour, but I am sorry, there is another matter of
10 redaction, so we have to enter into private session
11 again, please.
12 JUDGE KARIBI-WHYTE: Would you kindly go into closed session
13 so that --
14 MR. GREAVES: Is this one which requires the witness to be
16 (In closed session)
22 (In open session)
23 JUDGE JAN: Mr. Turone, just a minute. While you were
24 examining the witness, you took the names of these
25 witnesses about what happened to him in his sight. The
1 names that are already there, you want redaction on them
3 MR. TURONE: Our concern is that --
4 JUDGE JAN: Only the examination-in-chief or
5 cross-examination also, because when you were asking the
6 witness, "What did you see happening to that particular
7 witness", you gave the name.
8 MR. TURONE: No, the fact to be redacted is that a witness is
9 mentioned as a witness. We never said that the given
10 person was a witness in this room. This is the issue
11 for which redaction is requested, your Honour.
12 JUDGE KARIBI-WHYTE: I suppose the problem is whether you
13 refer to the name of this witness in the
14 examination-in-chief. I did not hear it that way, but
15 I do not know in what circumstances you might have
16 referred to him.
17 MR. TURONE: The circumstance is the fact that a given person
18 gave testimony in this courtroom, not the fact itself
19 that a given person was in the camp and was a victim.
20 So we are requesting redaction only when it comes out
21 that a given protected person gave evidence in this
22 room, a given protected witness gave evidence in this
24 JUDGE KARIBI-WHYTE: The risk of mentioning the name itself
25 might make the person identifiable. That is a
1 protection which the Tribunal is giving to a witness.
2 The persons named should not be mentioned in connection
3 with the trial.
4 MR. TURONE: Exactly, your Honour, not in connection with the
5 fact that he was a witness.
6 JUDGE KARIBI-WHYTE: That leaves a danger of identifying the
7 person within the trial, whether he was a witness or
9 MS. McMURREY: Your Honour, if I might just respond
10 briefly, what happens is by them mentioning the name in
11 direct and talking about the facts of the situation, and
12 then by having us not able to mention the name in
13 cross-examination, it limits us and hinders and
14 effectively causes us to have infective
15 cross-examination. They are able to mention the name
16 because we cannot mention his prior testimony for
17 impeachment and we are limited in our
18 cross-examination. I think it is unfair to our clients,
19 to the accused, to not be able to cross-examine after
20 they have mentioned all of these facts and be able to
21 compare them to his testimony that he gave in this
23 JUDGE KARIBI-WHYTE: I suppose you have a leeway in having a
24 closed session and referring to it.
25 MS. McMURREY: You are right.
1 JUDGE KARIBI-WHYTE: Referring to it in closed session.
2 MR. TURONE: This is exactly what we intended, thank you.
3 MR. ACKERMAN: I need to enlarge on that problem. If the
4 Prosecution can elicit publicly information with regard
5 to a particular individual and then we are required
6 because we might want to refer to some prior testimony
7 of that individual to do it all in closed session, what
8 goes out in the public is then a lopsided story.
9 I think the more proper way to do it would be if it is a
10 person who was a protected witness in this court, then
11 the Prosecutor also do their direct in closed session so
12 that the lopsided nature of that does not appear out in
13 the public as kind of an unfair reflection of what is
14 going on in the courtroom. That is the problem,
15 I think.
16 JUDGE KARIBI-WHYTE: I agree entirely with you. That was
17 what I was getting across. If you know that a witness
18 ought to be protected, do not mention the name.
19 MR. NIEMANN: We will proceed in that way, your Honour, in
21 JUDGE KARIBI-WHYTE: I think so. Can we have your witness?
22 MR. NIEMANN: Yes, your Honour. We call Milovan Kuljanin.
23 JUDGE JAN: Just a matter before the witness comes in.
24 Mr. Niemann, today I got a list of the witnesses you
25 intend to examine. That list has come out in the office
1 and I do not know how far it would stand protected from
2 the public. I was not interested in seeing the list but
3 I still got a copy. It was lying on my table when I saw
4 it. The list can come out. It is all over the Tribunal
6 MR. NIEMANN: I was not aware that had happened to it your
7 Honour. I will make enquiries to prevent it happening
9 JUDGE JAN: We had a very heated debate a few months ago.
10 THE INTERPRETER: Microphone, your Honour, please.
11 JUDGE JAN: -- can be dangerous in one sense.
12 MR. NIEMANN: I do not know how that happened, your Honour.
13 I will find out. I need to make enquiries.
14 (Witness entered court)
15 JUDGE KARIBI-WHYTE: Kindly swear the witness.
16 MILOVAN KULJANIN (sworn)
17 JUDGE KARIBI-WHYTE: You may sit down, please.
18 A. Thank you.
19 Examined by MR. NIEMANN
20 Q. Would you please state your full name?
21 A. Milovan Kuljanin.
22 Q. Do you have a nickname, a name that you are known by
23 among your friends and associates?
24 A. Mici.
25 Q. Where were you born?
1 A. In the village of Blace, municipality of Konjic.
2 Q. What is your date of birth?
3 A. 15th March 1970.
4 Q. How far did you go with your schooling?
5 A. I graduated from the high school for catering.
6 Q. What is your ethnic background?
7 A. I did not understand the question.
8 Q. What is your ethnic background?
9 A. I am orthodox.
10 Q. At the beginning of 1992, where were you living --
11 MR. GREAVES: He answered his religion rather than his ethnic
13 JUDGE JAN: Ask him whether he is a Croat, Serb or a Muslim.
14 MR. NIEMANN: I will lead your Honour, yes.
15 JUDGE KARIBI-WHYTE: There is no problem in leading in that
17 MR. NIEMANN: I normally expect objections if I lead. Is
18 your ethnic background Serbian?
19 A. Yes.
20 Q. In the beginning of 1992, where were you living?
21 A. I was living in Mostar until mid March, and then later
22 I lived in Konjic.
23 Q. What was your employment at the beginning of 1992?
24 A. I was in the reserve forces of the Yugoslav National
1 Q. Was that at Mostar?
2 A. Yes.
3 Q. Where were you employed prior to being in the reserve of
4 the army?
5 A. I was serving, doing the national service in the
6 Yugoslav People's Army in 1990 to 1991.
7 Q. Thank you. When did you leave Mostar?
8 A. In mid March.
9 Q. Where did you go then?
10 A. To Konjic, to my home.
11 Q. What did you do then between March and the beginning of
12 the war, the commencement of the war?
13 A. Nothing.
14 Q. Around the beginning of June 1992, did you attempt to
15 leave Konjic?
16 A. No, I just moved to Donje Selo.
17 Q. Can you explain what happened when you moved to Donje
19 A. Nothing -- well I went there for safety reasons.
20 Q. How long did you stay in Donje Selo?
21 A. Until I was arrested and taken to Celebici.
22 Q. Who arrested you? How is it that you came about to be
23 arrested? What were the circumstances of that?
24 A. I can explain that. We were in Miro Golubovic's weekend
25 house and Darko Verkic came to pick us up with 8 or 10
1 HVO policemen and then we were brought in for an
2 interview to Celebici barracks, which was then the
4 Q. Why did Darko Verkic come to Donje Selo?
5 A. I think it was within his area of responsibility.
6 Q. How were you taken to Celebici?
7 A. In a van, it was a Volkswagen van.
8 Q. Who took us to Celebici?
9 A. As I already said, it was Darko Verkic with his police
11 Q. Before you were taken to Celebici, did you have any
12 weapons in your possession?
13 A. Yes, I had a pistol, a 7.62 calibre.
14 Q. And where did you obtain that from?
15 A. It was my private property.
16 Q. Apart from the pistol, did you have any other weapons at
17 your disposal?
18 A. No.
19 Q. When you were taken to the Celebici camp, what happened
20 when you arrived there?
21 A. We parked in front of building number 22 and we stayed
22 there for about 5 or 10 minutes, I do not know exactly
23 for how long and then we were moved to manholes.
24 Q. When you arrived at the camp, was there anybody there
25 that you recognised?
1 A. Yes, most of them.
2 Q. Could you tell us the names of the people that you
3 recognised that you saw, that you recognised when you
4 first arrived, that very first occasion when you arrived
5 at the camp?
6 A. Yes. Muhamed Corovic, Esad Landzo, Edhem Jeliskovic,
7 Edin Spago, and many others. Hazim Delic.
8 Q. Did you see all of these people when you first arrived
9 or did you see them, some of them then and then others
11 A. Yes, then, when I arrived.
12 Q. I think you said a moment ago that you were then taken
13 to a manhole; is that correct?
14 A. Yes, but before that, when I had just arrived, I said
15 that I was there in front of building number 22 for
16 maybe about 10 minutes.
17 Q. Did anything happen to you when you were standing there
18 in front of room number 22?
19 A. Nothing special, but Ismet Hebibovic at one time came
20 into the van in which we were and he started beating us.
21 Q. What was he beating you with?
22 A. He did not beat me. He tried to. Darko Verkic
23 prevented that. He did not allow him to enter the van
25 Q. You say you were taken to the manhole. Who took you to
1 the manhole?
2 A. It was Darko Verkic and Hazim Delic and a couple of
3 other people, police officers whom I did not know.
4 Q. Where is the manhole in the camp that you were taken to?
5 A. Where do you want me to show it?
6 Q. Yes, I am going to ask you to show it in a moment but
7 I would like you to try and describe it generally for me
8 first, if you would, please.
9 A. It is maybe about 200 metres away from the reception
11 Q. Thank you. I would like now to stand up if you would
12 and walk around to the front of the model that there is
13 in front of you and before you move, you will need to
14 listen to my instructions because the moment you take
15 your headphones off you will not understand me. When
16 you move around to the front of the model, you may be
17 given a headset with a longer extension over here, and
18 I am going to ask you to point to where the manhole is
19 in the camp, if you would. Can you move to the front?
20 A. All right.
21 Q. Move right around to the front of the model. Just to
22 start with, do you see the building that you first were
23 near, that is building number 22, if you can see where
24 that building is in relation to the camp, could you
25 point to it? Take your time. Orient yourself properly
1 so that you are familiar. First of all, does that model
2 look familiar to you?
3 A. Yes. I think this is the one, this one here
5 Q. Would you look at the model very closely. Can you tell
6 me where you think the entrance to the camp is, where
7 you enter the camp when you are brought into it.
8 A. Here (indicates).
9 Q. In relation to that entrance, are you able to indicate
10 where it is that you recollect that the manholes were
11 that you were taken to shortly after you arrived in the
12 camp, to approximately the place where you think those
13 manholes were?
14 A. (indicates).
15 Q. You are going from one end of the model to the other end
16 of the model. Just one more thing for me. You may not
17 be able to see it, but the building, the medical centre
18 building that was known as building number 22 that you
19 referred to in your evidence, are you able to see where
20 that is in the camp?
21 A. (indicates).
22 Q. You can go back to your seat. I have no further
23 questions on that. When you arrived at the place where
24 the manhole was, what happened? Can you explain what
25 happened at that point in time?
1 A. Hazim Delic opened the manhole and ordered us all to get
2 in. Miro Golubovic entered the first and I followed
4 Q. Apart from Miro Golubovic, was there anyone else other
5 than him and you there at that time?
6 A. Not at that time. A while later maybe a couple of hours
7 later, an older man was put in. I do not know who he
9 Q. You mentioned Hazim Delic being one of the people that
10 ordered you into the hole. Was there anyone there
11 assisting Hazim Delic at the time?
12 A. Yes, Darko Verkic was there.
13 Q. Can you describe the manhole for us please that you were
14 ordered to enter into? Firstly, can you give the court
15 some ideas of the dimensions of this manhole?
16 A. 2.5 by 3 metres, I would say.
17 Q. 2.5 by 3 metres wide or high?
18 A. 2.5 high and maybe 2, 2.5 wide. I did not really take
20 Q. Did the manhole go vertically down into the ground or
21 did it go at a horizontal -- did it go horizontally into
22 the ground?
23 A. It was vertical. It was only half a metre above the
25 Q. Were you able to determine what it is that you thought
1 that the manhole was used for, what its purpose was?
2 A. I think these were intimidation methods.
3 Q. I want you to tell me what you thought it was used for
4 before it was set up as a camp, before it was used to
5 put you in, I want to know, were you able to
6 ascertain --
7 A. I understand. I think the manhole was used for
8 controlling the reservoirs situating above the
9 facility. Those were fuel reservoirs. The valves
10 inside it I think were used for that.
11 Q. When you entered the manhole, was there a lid or door
12 upon the manhole?
13 A. Yes, there was an iron lid on the manhole.
14 Q. Can you describe this lid for us? How did it function?
15 A. It was perhaps 80 by 80 centimetres. It opened to one
16 side only. It had a padlock on the other side, a
17 padlock to lock it up.
18 Q. Was it sealed or was there holes in it? Was it a sealed
19 lid or were there ventilation holes in it at all?
20 A. There was nothing on the lid itself, but in the corner
21 of the manhole there was a pipe that was connected with
22 the outside and that is how we got oxygen, through that
24 Q. When you entered the manhole, which you have said in
25 your evidence was vertical, how did you descend down
1 into the manhole? How were you able to do that?
2 A. There was a metal ladder.
3 Q. After you were placed in the manhole, was the lid
5 A. Yes.
6 Q. Do you know whether or not it was locked after you had
8 A. Yes.
9 Q. Was it locked?
10 A. Yes.
11 Q. Inside the manhole, what form of lighting was there, if
13 A. There was nothing. It was dark.
14 Q. Can you describe the air, the state of the air inside
15 the manhole?
16 A. I can only say that there was not enough air from time
17 to time.
18 Q. What of the smell? Was there any smell inside the
19 manhole that was distinctive?
20 A. Yes, one could feel the smell of urine, because many
21 people had already been there before me who had to
22 urinate there.
23 Q. Apart from Miro Golubovic, was there anyone else in the
24 manhole when you entered it, or was it just you two that
25 went down there?
1 A. Only the two of us.
2 Q. How long did Miro Golubovic stay in the manhole?
3 A. I think that day and maybe the night. I cannot really
4 remember exactly, but he left before I did.
5 Q. You said that another old gentleman who you could not
6 recognise subsequently was put into the manhole. How
7 long did he stay there?
8 A. I do not know. He stayed behind. I do not know when he
10 Q. How long did you stay in the manhole?
11 A. A day, a night and a day.
12 Q. Can you describe the circumstances of how it is that you
13 managed to get out of the manhole?
14 A. Well, I can. It was daylight, and the sun was very hot,
15 that I remember because when they opened the lid of the
16 manhole, I could hardly keep my eyes open. When I went
17 outside I had a distorted vision of it, as if I was
18 watching through a fog. I could not really see very
20 Q. How long did this condition last?
21 A. My eyes?
22 Q. How long did the condition with your eyes when you were
23 suddenly met with the bright sunlight, how long did that
24 affect your ideas for, approximately?
25 A. I cannot say precisely, but I stayed down another minute
1 or two in the manhole itself and only then, when ordered
2 so by Hazim Delic, I left the manhole.
3 Q. When you left the manhole after being ordered to do so
4 by Hazim Delic, was there anybody else there with him at
5 the time?
6 A. Yes, Pavo Mucic.
7 Q. When you got out of the manhole, did anyone say or do
8 anything to you?
9 A. No, I was just ordered by Hazim Delic to enter the van,
10 the IVECO van.
11 Q. When Hazim Delic gave you that order, where was
12 Mr. Mucic?
13 A. At the very manhole.
14 Q. Did Mr. Mucic say anything to you at the time when you
15 came out of the manhole?
16 A. No.
17 Q. What condition were you in when you came out of the
19 A. Helpless.
20 Q. After you were taken out of the manhole and ordered to
21 enter the vehicle, where were you taken then?
22 A. To building number 22.
23 Q. Who was it that -- who was in the same vehicle that you
24 were when you were taken towards vehicle number 22?
25 A. As I said, Pavo Mucic and Hazim Delic.
1 Q. When you arrived at building number 22, what happened
3 A. Horror. I was leaning against the wall of building 22,
4 nobody asked me anything. I was beaten for half an hour
5 without anybody even asking my name.
6 Q. Do you know who beat you? Did you recognise any of the
7 people who beat you?
8 A. Yes.
9 Q. Are you able to name the people that beat you?
10 A. Edhem Jeliskovic, nicknamed Muf, Muhamed Corovic, Esad
11 Landzo, Osman Dedic and others.
12 Q. What were you beaten with on this occasion?
13 A. With different objects, tool handles, electric wires,
14 handles for shovels with different wires.
15 Q. Were you with anybody else? Was anybody else with you
16 at the same time you were being beaten?
17 A. Not at the time.
18 Q. Did you happen to see the two persons, Mr. Mucic and
19 Mr. Delic who had driven you to this spot during the
20 course of this beating?
21 A. They went to the reception building across from building
23 Q. Were you able to see them in the reception building?
24 A. No, I could not see them because I was facing the wall.
25 Q. Just going back to the manhole for a moment, when you
1 were in the manhole for the period of time that you were
2 there, were you given any food or water?
3 A. Yes.
4 Q. Were you given food or water?
5 A. No.
6 Q. Following this beating that you were given beside room
7 22, what happened to you then?
8 A. I went for a formal interview, I think it took about
9 half an hour, I cannot remember precisely. After that
10 I was moved to building number 6.
11 Q. The formal interview that you went to, where was that --
12 where did that interview take place?
13 A. Opposite building 22.
14 Q. Do you happen to know the name of the building that you
15 were taken into for the interview?
16 A. No.
17 Q. Do you know who it was that conducted the interview of
19 A. Yes, it was Miro Stenek and Zovko, I do not know his
20 full name. I know his nickname, it is Kuhar.
21 Q. Are you able to recall how long the interrogation
23 A. Perhaps half an hour. I cannot tell precisely.
24 Q. During the period of time that you were being
25 interviewed, apart from yourself and Miro Stenek and
1 Zovko that you have referred to, was there anybody else
2 in the room at the same time?
3 A. Yes, Hazim Delic entered.
4 Q. When he entered the room, did he have anything in his
6 A. Yes, he usually had a stick with him, a baseball bat or
7 similar object used for torture.
8 Q. Do you recall whether or not he had any similar such
9 objects with him on this specific occasion?
10 A. Yes.
11 Q. Are you able to recall which of those objects it was on
12 this occasion?
13 A. It was a wooden object.
14 Q. Did anyone strike you or hit you during the course of
15 this interview?
16 A. Yes, once.
17 Q. Who hit you?
18 A. Hazim Delic.
19 Q. You then said that you were taken to building number 6.
20 Do you remember approximately --
21 A. Yes.
22 Q. Do you remember the date that it was that you were taken
23 to building number 6, by any chance?
24 A. It was the second or third day after my arrival, so that
25 would be the 9th or the 10th. I cannot remember
1 precisely. It was five years ago.
2 Q. Do you know what month it was?
3 A. The month of June.
4 Q. Can you describe building number 6 that you were taken
5 to? Are you able to give us a description of the
7 A. Of course not. It was a building 25 metres long, 10 to
8 12 metres wide, used for warehousing transport vehicles
9 of the former Yugoslav People's Army.
10 Q. Were there any windows in this building?
11 A. Towards the top there was a small glass, just opening,
12 not really a window.
13 MR. ACKERMAN: I do not know if it is a translation error or
14 what it is, but the transcript right now, the question
16 "Are you able to give us a description of the
18 The answer in English says "of course not" and
19 then goes on to give a description of the building.
20 Something is wrong, I do not know what it is. I do not
21 know whether he claims he is describe it or not.
22 MR. NIEMANN: I think the fact that he is describing it may
23 suggest that, but I will try and clarify it if I can.
24 Unless the interpreters can assist us? Perhaps they may
25 themselves realise it is a mistake.
1 JUDGE KARIBI-WHYTE: Return to the same question and then
2 see how his reaction will be.
3 THE INTERPRETER: Microphone, your Honour.
4 JUDGE KARIBI-WHYTE: You can return to the same question and
5 get his reaction to it.
6 MR. NIEMANN: Mr. Kuljanin, are you able to describe building
7 number 6 that you were taken to?
8 A. Yes.
9 Q. Thank you. I am grateful to Mr. Ackerman for pointing
10 that out.
11 Were there any doors in building number 6?
12 A. Yes, there were, a small door that we entered through
13 and another large door that could only be opened if
14 there was a need to open them for large vehicles, for
16 Q. During your period of time in building number 6, was the
17 large door opened very often?
18 A. No.
19 Q. Was the small door opened regularly?
20 A. From time to time when needed, only if there was a need
21 to go through it to go to the toilet.
22 Q. When you first arrived in building number 6, were there
23 already prisoners kept in that building?
24 A. Yes, over 250.
25 Q. Did you know any of the people that were kept in that
1 building when you first arrived?
2 A. Many of them.
3 Q. Did you know where those people that you knew had come
5 A. Yes.
6 Q. Are you able to name some of the villages that you knew
7 that some of those people had come from?
8 A. Those are mainly villages populated by Serbs, located in
9 suburbian parts of Konjic such as Brdjani, Blace,
10 Bradina, Donje Selo, Cerici.
11 Q. How were the prisoners arranged inside the hangar?
12 A. They were seated one next to the other in rows.
13 Q. Do you remember how many rows there were, if you can
15 A. Five or six rows, sometimes four, because sometimes
16 people left and the numbers decreased, the numbers of
17 prisoners decreased.
18 Q. Were you provided with any bedding inside the hangar?
19 A. No.
20 Q. What arrangements were made for you to go to the toilet
21 when you were in the hangar?
22 A. We had a 20 litre bucket during the night where 250 of
23 us had to relieve ourselves. During the day we would go
24 outside. We had ten seconds.
25 Q. When you went outside to go to the toilet, were you
1 under guard or could you just go freely as you pleased?
2 A. There were several guards.
3 Q. Can you describe the food that you were provided with
4 during the time that you were in the camp?
5 A. It was mainly just bread, rice and macaroni. At the
6 very beginning, there were 18 people per 700 gramme loaf
7 of bread, or 10 kilograms of rice per 250 people, just
8 boiled in water.
9 Q. Was the food that you were given sufficient to sustain
10 your weight?
11 A. By no means.
12 Q. Did you lose any weight in the time that you were kept
13 in Celebici camp?
14 A. Yes, 43 kilograms.
15 Q. Where were you seated inside hangar number 6?
16 A. When I first arrived I was seated in the third row,
17 perhaps five metres from the entrance, from the door and
18 then two or three times I was moved during my stay until
19 9th December 1992.
20 Q. When you first were seated near the door, were you able
21 to look out through the door when it was opened?
22 A. Yes, of course.
23 Q. Apart from being able to look out through the door,
24 could you from time to time hear noises outside of the
1 A. Yes, we could hear vehicles driving past, because the
2 road was literally in front of building number 6.
3 Q. Apart from vehicles that may happen to have been driving
4 past, were you able to hear other things outside of
5 hangar number 6 other than vehicles?
6 A. I could hear only cries and screams of the people who
7 were beaten, tortured there, right next to the hangar,
8 by the door of the building, people who were taken out
9 every day and every night, and beaten up.
10 Q. Do you recall some of the people who were taken out and
12 A. Of course. About 150.
13 Q. Did you recognise any of the guards that took people
15 A. Yes.
16 Q. Are you able to name any of the guards that took people
17 out of the hangar?
18 A. Of course. Osman Dedic, Esad Landzo, Eso Macic, Almir
19 Padalovic, Muhamed Corovic and many others.
20 Q. During the time that you were detained in hangar number
21 6, were you ever beaten?
22 A. Yes, several times.
23 Q. Were the beatings that you received all the same or were
24 some more severe than others?
25 A. It would usually be the same thing, it would take about
1 ten or fifteen minutes. I did not really count the
3 Q. Can you recall who it was that beat you?
4 A. Yes, I was beaten at the very beginning by Osman Dedic,
5 Esad Landzo, Almir Padalovic and Muhamed Corovic, as
6 well and many passersby who used to come there to vent
7 their emotions out.
8 Q. Were these men that you have just named, did they
9 participate in one beating of you, or are you referring
10 to a number of beatings that you received?
11 A. Every time I was beaten up.
12 Q. Are there any particular serious beatings that you
13 suffered that remain in your mind now?
14 A. Well, I think it was the first or the second day of my
15 stay in building number 6, that is when I was beaten up
16 the most. I was beaten for about an hour with different
17 objects, with electric wires, with sticks, with wooden
18 objects, with baseball bat. Anything that was handy.
19 Q. Who beat you on this occasion shortly after you had
20 arrived in building number 6?
21 A. I definitely know two, I do not know the others. I know
22 that there was Osman Dedic and Esad Landzo. There were
23 some locals from the village of Idbar, people whom I did
24 not know personally.
25 MR. NIEMANN: Is that a convenient time, your Honour?
1 JUDGE KARIBI-WHYTE: Yes.
2 MR. ACKERMAN: Your Honour, I am not sure anyone else is
3 noticing but it seems to me it is awfully warm in here.
4 I do not think I am the only one that is noticing it.
5 I am wondering whether maybe during the break someone
6 can talk to the building people to get it cooled just a
8 JUDGE KARIBI-WHYTE: Thank you very much.
9 (4.00 pm)
10 (A short break)
11 (4.30 pm)
12 MR. ACKERMAN: Your Honour --
13 JUDGE KARIBI-WHYTE: Two people are standing.
14 MR. ACKERMAN: Your Honour, may I just take a moment to raise
15 a matter very briefly? This is a matter which has been
16 troubling me for some weeks now and it was finally
17 raised directly at the beginning of this witness's
18 testimony and I now think it is an appropriate time to
19 raise it. I want to formally object to the Prosecutor
20 at the beginning of the testimony of each witness asking
21 a question which basically goes "tell us your ethnic
22 identity". My purpose in making that objection is
23 this: it is my understanding that the vast majority of
24 the residents of the former Yugoslavia share the same
25 ethnic identity, that being Southern Slav. What it is
1 that separates them is their religion, whether they are
2 Muslim or Orthodox or Catholic. It is a serious matter,
3 and I think it is a serious matter for this reason.
4 What caused the war was primarily the stirring up
5 of nationalist identities, the stirring up of
6 nationalist feeling, and it seems to me in a Tribunal,
7 the stated purpose of which is to try to heal the
8 nationalist fervour that was created during the war,
9 that it is totally inappropriate for it to be
10 perpetuated in this Trial Chamber by asking witnesses
11 what their nationalist identity is under the guise of
12 what their ethnic identity is.
13 This witness is probably the first one who has
14 answered it honestly, by saying, "I am an Orthodox".
15 There is no ethnic identity, unless the witness happens
16 to be maybe a Hungarian or an Albanian or something like
17 that, who is not a Southern Slav, but these people are
18 all Southern Slavs. That is their ethnicity. I think
19 it just perpetuates the nationalist problems that
20 created the war in the first place, so I think it is
21 inappropriate for us to be doing it here.
22 JUDGE JAN: May I say something?
23 JUDGE KARIBI-WHYTE: Thank you very much.
24 JUDGE JAN: It is the case of the Prosecution itself that
25 these persons were taken to this detention camp just
1 because they belonged to a particular ethnic group. In
2 fact, when Dr Janine Calic was giving evidence I asked
3 this question and she said exactly what you are saying
5 JUDGE KARIBI-WHYTE: I think before I call on the Prosecutor
6 to answer, the last question you asked was the problem
7 of the air conditioning, before we broke off, so when
8 you stood up, I thought you wanted to hear our enquiry
9 about it. We have made enquiries and I hear that there
10 is some technical disfunction which is likely to be
11 corrected by tomorrow morning.
12 I do not know whether the Prosecutor should reply
13 to this, but let us hear him. Whatever he says will be
14 directed towards the presentation of his case. It might
15 not be towards reconciliation of the parties, although
16 there should be an aspect of our contribution to the
17 whole exercise, but I think all the Prosecutor is doing
18 is to present his case as neatly as he can do it. Let
19 us hear you.
20 MR. NIEMANN: Yes, your Honours. In fact I am surprised by
21 this objection because I would have thought it was
22 obvious that the classification of the group is
23 essential for the Prosecution case and the protected
24 persons under the Geneva Conventions. It is obvious
25 that the differentiation between the groups is a matter
1 that has to be proved and your Honour is quite right in
2 what you have said, it also goes to the issue of
3 persecution and the classification of the group that is
4 attacked. All of those matters are tied up in the
5 offences that the Prosecution are setting about to
6 prove. One regrets that one has to pronounce or
7 highlight that there is division in this tragic
8 community, but sadly there is, but for the application
9 of these laws to take effect, the proof of these matters
10 is essential. In my submission, your Honours, this is
11 necessary for the Prosecution to establish. When I am
12 speaking of persecution, I am talking generally in terms
13 of taking out a particular group of people and
14 subjecting them to special treatment on the basis of
15 their classification that the Prosecution is seeking to
17 MR. MORAN: Your Honour, not to argue, I just want to make
18 sure I understand what he said. If I can boil it down
19 and make sure that I am correct and if I am not, I sure
20 want him to correct me, but it is the position of the
21 Prosecutor that nationality as used within the
22 definitions in the Geneva Convention is the same as
23 religion or ethnic background, as it is used within, for
24 instance, Article 4 of the Geneva Convention on
25 civilians. Do I correctly understand him as saying
2 JUDGE KARIBI-WHYTE: I think we need not go into a long
3 controversy about this.
4 MR. MORAN: Your Honour, I do not. I just want to make sure
5 I understood the Prosecutor's position. I do not think
6 it is anything we need to fuss over.
7 JUDGE KARIBI-WHYTE: As I said, he was merely presenting his
8 case neatly as he intends to establish. Can we invite
9 the witness?
10 MR. NIEMANN: Yes, your Honour. Just before the witness
11 comes back in, Judge Jan you asked me about the list of
12 witnesses. I have made some enquiries about that. The
13 position, as I understand it, is this, your Honour: that
14 the list was drawn up and given to members of the
15 Defence and at the request of your Honours' clerk, a
16 copy of that was made available to each of
17 your Honours. Only three copies were given to
18 Mr. Hocking and we understood that they would receive no
19 further circulation than merely from him to
20 your Honours. It was not our -- we did not fear that
21 under those circumstances, there would be a
22 confidentiality risk. I guess in future we could
23 perhaps write on the top that it is confidential which
24 might solve that, but we did not fear that there was a
25 concern having regard to the very limited circulation.
1 JUDGE KARIBI-WHYTE: Thank you very much for your
2 explanation. I regard them as confidential documents
3 whenever such communications are made that is why my
4 brother Jan has locked his up in his desk.
5 JUDGE JAN: I have taken that precaution.
6 MR. NIEMANN: Thank you, your Honour.
7 (Witness entered court)
8 JUDGE KARIBI-WHYTE: Please inform the witness he is still
9 on his oath.
10 THE REGISTRAR: I remind you that you are still under oath.
11 MR. NIEMANN: Mr. Kuljanin, before the afternoon adjournment
12 you were telling us about a beating that you were
13 receiving shortly after you had first arrived in hangar
14 number 6 and you had mentioned the names of some of the
15 participants who were involved in that beating of you.
16 You mentioned the name of Mr. Landzo. Do you recall if
17 he struck you at all during the course of the beating?
18 A. Yes.
19 Q. You also made reference to Mr. Delic. Were you struck by
20 Mr. Delic --
21 MR. MORAN: Objection, your Honour. That is a misstatement
22 of the evidence. He said Osman Dedic, as I recall the
24 A. Osman Dedic.
25 MR. NIEMANN: I do apologise, your Honour. Was Mr. Osman
1 Dedic there?
2 A. Yes.
3 Q. Did he strike you during the course of this beating?
4 A. Yes, several times, just as Esad Landzo did.
5 Q. Did Esad Landzo say anything to you during the course of
6 this beating?
7 A. He did not say anything. We were just beaten just like
8 everybody else.
9 Q. When you say "we were just beaten", was there anyone
10 else there that you can recall was being beaten at the
11 same time as you?
12 A. Yes, there was an elderly man, I think his name is Simo
13 Jovanovic, and many others, Bosko Samoukovic and many
14 others. There were five or six others while I was
15 beaten on that occasion, but it was not outside. We
16 were beaten one after the other. It was in front of
17 building number 6.
18 Q. You made reference to Mr. Esad Landzo. Did you know him
19 by any nickname while you were in the camp?
20 A. Yes, his nickname was Zenga.
21 Q. Had you known him prior to going to the camp at
23 A. Yes, but I did not know him personally. I apologise.
24 Q. Did you know of his family?
25 A. I knew where he lived.
1 Q. Where was that?
2 A. It was in my neighbourhood, the place was called
4 Q. Did you know any members of his family?
5 A. Yes, I knew his brother.
6 Q. Do you know what position he occupied in the camp?
7 A. I think he was a guard.
8 Q. Do you know approximately what age group he was? You do
9 not need to be precise, but as your best estimate.
10 A. He was five years younger than he is now.
11 Q. Yes, but do you know what age he was when he was in the
13 A. Maybe about 20, 19, 20.
14 Q. Do you feel that you would be able to recognise him
15 again if you saw him?
16 A. Yes, of course.
17 Q. In the course of your evidence, you also made reference
18 to Mr. Hazim Delic.
19 A. Yes.
20 Q. Had you known him before the war?
21 A. Yes.
22 Q. How was it that you knew him?
23 A. Well, we lived -- he lived close by.
24 Q. Do you know what he did for a living before the war?
25 A. Before the war, he had a kiosk where he sold cigarettes
1 and newspapers.
2 Q. Did you ever have occasion to go to this kiosk yourself?
3 A. Yes, several times.
4 Q. Do you know what approximate age group he was during the
5 time you were in the camp?
6 A. 30, 32, thereabouts.
7 Q. Do you know what position he occupied in the camp?
8 A. I cannot be exact, but I think he was the superior of
9 the guards.
10 Q. Do you feel that you would be able to recognise him
11 again if you saw him?
12 A. Yes.
13 Q. At the beginning of your evidence today, you made
14 reference to Mr. Mucic in the camp. Did you know his
15 first name?
16 A. Yes, it was Zdravko.
17 Q. Did you know him by any nickname?
18 A. Yes, Pavo.
19 Q. Had you known him before you went to the camp?
20 A. Yes, I did.
21 Q. Did you know any members of his family?
22 A. Yes, his brother. Two brothers, actually.
23 Q. How well did you know his brothers?
24 A. I just knew them. I knew that they were his brothers.
25 Q. Do you know approximately what age group he was?
1 A. Well I cannot tell you exactly, but maybe 38, 40.
2 Q. Do you know what position he had in the camp?
3 A. Again I cannot be exact, but I think he was superior to
4 everybody there.
5 Q. Do you feel that you would be able to recognise him
6 again if you saw him?
7 A. Yes.
8 Q. You mentioned earlier in your evidence that as soon as
9 you were taken out of the manhole you were taken by
10 vehicle down towards building number 22, and then after
11 being beaten you were subsequently interrogated. During
12 the course of this interrogation do you know whether or
13 not a statement was taken from you?
14 A. I gave a statement.
15 Q. Did you write it down yourself?
16 A. No.
17 Q. Were you given a chance to read this statement?
18 A. No, by no means.
19 Q. How often did you see Mr. Mucic in the camp?
20 A. Well, seldom compared to the others. He would visit
21 from time to time.
22 Q. Did you ever see him in hangar number 6?
23 A. Yes.
24 Q. Was that occasionally, just sometimes, or was it often?
25 A. Just from time to time.
1 Q. During the time that Mr. Mucic came into hangar number 6,
2 can you recall whether or not there were any prisoners
3 there who had any obvious signs of being injured?
4 A. Yes, I was among them myself. Mr. Mucic came to see us
5 all, he came to me and he asked me who had touched me.
6 I could not tell him who had done that to me because
7 I did not dare, because I thought I would not see the
8 next day alive.
9 Q. Who had touched you, in fact?
10 A. The day before Mr. Mucic's visit, I had been beaten
11 twice. I was beaten -- I took the most severe beating
12 by Esad Landzo, Osman Dedic, and two or three others
13 whom I did not know from the village of Idbar near
15 Q. What did Mr. Mucic say to you when you said you did not
17 A. Nothing, they only stayed there for a couple of minutes,
18 they did not stay long. Then they left from building
19 number 6. 20 minutes later, Dr Relja Mrkajic came to
20 examine me, and when he saw the state that I was in he
21 went back to building number 22 and he talked to Mr. Pavo
22 Mucic there, and then Pavo ordered me to be transferred
23 to the infirmary; that is building number 22.
24 Q. Did anything happen to you as a result of Mr. Mucic
25 having you moved to building number 22?
1 A. Yes, I survived. I would not be here, that is for
3 Q. Did anybody criticise you or anyone hit you or harm you
4 because you had been taken to room 22?
5 A. Yes, on one occasion after about four or five days in
6 the infirmary, Hazim Delic came in and he hit me over
7 the legs with a baseball bat.
8 Q. Did he say anything to you when he hit you over the legs
9 with a baseball bat?
10 A. I cannot recall.
11 Q. Do you recall a time when bullets were fired over your
12 head in hangar number 6?
13 A. Yes.
14 Q. Can you describe this incident?
15 A. It was in the middle of the day, Hazim Delic and Emir
16 Delalic came through the door. Then Hazim Delic opened
17 fire from an automatic rifle, and on that occasion the
18 bullet that ricocheted, hit Davor Kuljanin in the head,
19 wounding him.
20 Q. Do you recall an incident where you had bullets fired
21 over your head, where you were specifically --
22 A. It was in front of building number 6, not inside.
23 Q. Can you describe that incident for us?
24 A. Yes. It also happened during the day, I think it was in
25 the afternoon. A group of about four or five people
2 Q. Can you name any members of that group?
3 A. Yes, I can. Ratko Juric, Hazim Delic, Rajko Tomic, Pavo
5 Q. What happened when this group came?
6 A. They took five or six of us out, they read the names
7 from the list, and we stood outside the hangar.
8 Q. Were you facing the hangar or were you facing the group?
9 A. We were all standing opposite the hangar, not facing
10 it. Then they asked which group we belonged to. I did
11 not understand what it was all about.
12 Q. Who asked this, who asked which group you belonged to?
13 A. It was Pavo and Hazim Delic, which groups we belonged
14 to, because there were some groups in which prisoners
15 were categorised.
16 Q. What happened then?
17 A. Four or five of them went in and I remained out there
19 Q. When you say four or five of them went in, are you
20 referring to the prisoners?
21 A. Yes, I mean the prisoners who had gone out together with
22 me, they went back to building number 6.
23 Q. What happened to you?
24 A. I stayed alone and I was ordered by Hazim Delic to turn
25 towards the hangar number 6, and a few seconds later
1 I just heard four or five shots.
2 Q. Were you able to tell who had fired the shots?
3 A. No, I was turned backwards to it. I think the idea was
4 to intimidate me.
5 Q. When the shots were fired, who was in the group of men
6 where the shots were fired from?
7 A. They were about five or six metres from me, and the
8 group included Hazim Delic, Ratko Juric, Rajko Tomic and
9 Pavo Mucic.
10 Q. How close to you -- were you able to tell how close to
11 you the bullets were that were fired at you?
12 A. I cannot really say precisely, but not far.
13 Q. Were the bullets fired above your head or to the side of
14 your head? Do you remember that?
15 A. In the direction of my head.
16 Q. Did you see who in the group -- did you notice who in
17 the group that it was that had guns?
18 A. All of them, but I think that it was Hazim Delic's
19 automatic rifle that was used to fire.
20 Q. Why do you think that?
21 A. Because when I turned, I saw -- I judged by the
23 Q. Did anyone say anything to you after the bullets had
24 been fired?
25 A. No, I was just ordered to return to building number 6.
1 I was ordered by Hazim Delic.
2 Q. Other than order you back, did anyone else say anything
3 to you on that occasion?
4 A. No.
5 Q. Do you remember when this incident occurred after you
6 had arrived in the camp and were in hangar number 6?
7 A. I cannot say precisely, but perhaps after a month, a
8 month and a half of my stay in building number 6.
9 Q. When you were in the camp, did you know a prisoner by
10 the name of Simo Jovanovic?
11 A. I had not known him personally, but I met him in the
13 Q. Did anything happen to him while you were in the camp?
14 A. Yes, he was beaten up several times when I was present.
15 Q. Who beat him up?
16 A. Well, when I was beaten Simo Jovanovic was beaten as
17 well, so that was two days after leaving the manhole.
18 He was beaten by his next door neighbours, he was from
19 the village of Idbar.
20 Q. Did you know --
21 A. And the other guards.
22 Q. Did you know the names of any of the next door
23 neighbours that beat him? Are you able to tell us those
25 A. I do not know their names.
1 Q. Did you know the names of any of the guards that beat
3 A. Yes, those were standard so to speak, the guards who
4 were always there, but when Simo was beaten they came
5 for that purpose, because two of them were there on
6 guard duties for a few days, maybe even a month, I do
7 not know.
8 Q. Were any of the guards that beat him people that you
9 knew by their name?
10 A. Yes, I knew Osman Dedic and Esad Landzo. Esad Macic as
11 well, nicknamed Makaron, who was there in 80 per cent of
12 the cases of beatings of detainees.
13 Q. When Mr. Jovanovic was beaten, when you were in hangar
14 number 6 did you see any of those beatings yourself?
15 A. Yes, in the hangar itself. He received quite a number
16 of blows.
17 Q. When he was beaten inside the hangar, on the occasions
18 that you saw this happen, did you recognise --
19 A. Yes.
20 Q. -- the people that did these beatings?
21 A. The people who were beating him, as I said, were
22 locals. They were neighbours. There were two or three
23 of them. Amongst them there were Osman Dedic and Esad
25 Q. What ultimately happened to Simo Jovanovic?
1 A. Mr. Simo died, died due to beatings.
2 Q. How do you know he died?
3 A. Because I was moved to the infirmary and I was informed
4 about this by my friends with whom I was there.
5 MR. NIEMANN: Your Honours, might we go now into private
7 JUDGE KARIBI-WHYTE: Can we go into private session now,
9 (In closed session)
12 (In open session)
13 MR. NIEMANN: Mr. Kuljanin, the person that you have
14 identified that we have referred to as witness N, is he
15 a person that you knew in the camp?
16 A. Yes, from building number 6. I knew him from building
17 number 6.
18 Q. Had you met him before? Had you met witness N before
19 you had gone into the camp, or was he someone that you
20 had met when you arrived there for the first time?
21 A. I had known him, but not enough.
22 Q. During the time that you were in hangar number 6, did
23 you see anything happen to witness N?
24 A. Well, I saw that several times. I saw that he was
25 mistreated, tortured, beaten in many ways.
1 Q. Do you recall now any of the people that mistreated him
2 in many ways when you were in the camp?
3 A. There were several of them, but Landzo Esad was there
4 more than the others. He was the one who burnt and who
5 hit with anything he could find.
6 Q. Are you able to describe the incident -- no, I will
7 withdraw that, your Honour.
8 You mentioned a moment ago that he was burned.
9 Did you actually see him being burned, or is that
10 something that you were told about?
11 A. I did not see him on fire, but I saw him when he entered
12 building number 6. He had a red tracksuit on him and
13 there was still smoke coming out of it, so one could see
14 that he was on fire.
15 Q. Did you see him being taken out of hangar number 6
16 before he was burnt?
17 A. Not once, he was taken out 100 times, same as I was.
18 Q. On the occasion that he was burnt, on that particular
19 occasion, did you see who it was that took him out of
20 the hangar?
21 A. No. They were called up.
22 Q. Do you know who it was that called him up?
23 A. I cannot say exactly because I did not see.
24 Q. When he returned to the hangar, and you say you saw that
25 his trousers were on fire or had been smoking, were
1 smoking from being on fire --
2 A. It was a red tracksuit, yes.
3 Q. Did you see who brought him back?
4 A. One could see where it had been on fire. No, he entered
6 Q. You say that apart from this incident where he was
7 burnt, he was beaten on other occasions, is that
9 A. Yes.
10 Q. Did you actually see him being beaten yourself, or is
11 this something that you were told?
12 A. I saw personally the occasion when he was beaten up in
13 the hangar, in the hangar itself.
14 Q. You know who it was that beat him on this occasion
15 inside the hangar?
16 A. I do and I do not. Most of them were passers-by who
17 were beating up people from the list. They were simply
18 given a list of people whom they were supposed to beat
20 Q. The people that you do know -- I am not asking you now
21 who was beaten, I am talking about witness N. I am
22 asking, did you know the people that actually beat
23 witness N that you saw?
24 A. Yes, it was usually Esad Landzo.
25 Q. When he was beaten, was anything said to him --
1 JUDGE KARIBI-WHYTE: Actually, that was not what you asked.
2 You asked him whether he knew the persons who beat him
3 up. His answer "it was usually", that does not really
4 mean the immediate person.
5 MR. NIEMANN: I will try again. You said that you had seen
6 him being beaten inside the hangar. I asked you whether
7 you had seen him beaten inside the hangar and you told
8 me you did. I ask you: who was it that beat him inside
9 the hangar? Did you recognise any of the people that
10 beat him inside the hangar?
11 A. Yes, I said that, it was Esad Landzo whom I recognised
12 and Osman Dedic, and many of those who were there,
13 passing by.
14 Q. When you were in the camp did you know or come to know a
15 person by the name of Zeljko Klimenta?
16 A. Yes, he was sitting with me in the same row in building
17 number 6.
18 Q. Had you known him before you came to the camp?
19 A. Yes, much longer. About ten years before the war.
20 Q. Are you able to say approximately what age he was?
21 A. 32, 33.
22 Q. During the time that you were in the camp did you see
23 something happen to Mr. Zeljko Klimenta?
24 A. Yes, Mr. Klimenta was killed.
25 Q. Did you see this yourself or was this something you were
1 told about?
2 A. Yes, I saw that myself.
3 Q. Can you describe the incident as best you can remember?
4 A. I can. I was sitting opposite the door. It was perhaps
5 8.00 in the morning, maybe even earlier. It was a very
6 nice sunny day. He went out with Kujundzic, I do not
7 know his first name, his nickname was Garo, there was
8 Nenad Cecez.
9 Q. These people you have named, were they prisoners or
10 guards in the camp?
11 A. Yes -- no, they were prisoners. At their request they
12 asked the guard to go to the toilet, to go out.
13 Q. Do you know the name of the guard that they asked to go
15 A. Yes, his name is Almir Padalovic.
16 Q. Go on. Tell us what happened.
17 A. Mr. Klimenta went outside in order to relieve himself.
18 When he was in front of building number 6, five or six
19 metres in front of the building itself, as he started
20 walking towards the ditch where we used to relieve
21 ourselves, Padalovic fired 7.62 semi-automatic rifle.
22 He was about 20 metres away from him. He hit
23 Mr. Klimenta in the back of his head, so he was killed on
24 the spot.
25 Q. Are you able to say from what you were able to see
1 whether or not this incident appeared to be an accident
2 or not?
3 A. I do not think it was an accident.
4 Q. Why do you not think it was an accident?
5 A. Because he hit him precisely in the middle of the head.
6 MR. NIEMANN: When you say -- I withdraw that.
7 Your Honours, I have another matter that I would
8 like to raise very briefly in closed session, if I may.
9 JUDGE KARIBI-WHYTE: Can we kindly go into closed session,
11 (In closed session)
19 (In open session)
20 MR. NIEMANN: Did you know Witness M before you went to the
21 camp at Celebici? Had you known him or known of him?
22 A. Yes.
24 MR. NIEMANN: During the time you were in the camp, did you
25 notice anything unusual happen to him?
1 A. I can say that Mr. M also had serious problems caused by
2 Esad Landzo, because he inflicted burns on his hands and
3 wounds by blows on his ribs.
4 Q. Was this something that you yourself saw or was it
5 something you were told about?
6 A. I saw myself when he was beating him inside building
7 number 6 on several occasions.
8 Q. When you say he was beating him, are you able to say who
9 he is?
10 A. As I said already, Esad Landzo.
11 Q. Did this happen on just one occasion, or were there a
12 number of occasions when you saw him beaten by
13 Mr. Landzo?
14 A. On several occasions.
15 Q. You mentioned a moment ago about him being beaten --
16 A. Not just -- I apologise, but not just Esad Landzo,
17 although many others who were there, such as Osman Dedic
18 and Hazim Delic and all the others.
19 Q. You mentioned a moment ago him being burnt with a
20 knife. Is that something you saw yourself?
21 A. No, I could not see that myself because I was inside the
23 Q. Can you tell us what it is that you did see in relation
24 to that?
25 A. I saw it afterwards, after he had entered, I saw burns
1 on his hands.
2 Q. Did you see who it was that called him out of the hangar
3 before he was burnt?
4 A. It was Esad Landzo, the guard.
5 Q. Why was it that you were able to see Esad Landzo do
7 A. Because he came to the door.
8 Q. When Witness M was returned to the hangar after -- when
9 Witness M was returned to the hangar when you saw that
10 hands were burnt, did you see who brought him back, if
11 anyone did?
12 A. He came alone. Nobody brought him back. He walked in
14 Q. Did you yourself see his hands?
15 A. Yes, I saw that when we were going out, when we were
16 going to the toilet.
17 Q. What did you see?
18 A. Burns on his hands.
19 Q. Do you know whether or not Witness M received any
20 medical attention for these burns?
21 A. I did not see that. I did not see him receive it.
22 MR. NIEMANN: Your Honours, I have sought a redaction. If it
23 is necessary for me to go into detail, I would ask that
24 we go into private session so that I can ask that the
25 redaction be effected.
1 JUDGE KARIBI-WHYTE: Let us go into closed session.
2 (In closed session)
12 (In open session)
13 THE INTERPRETER: Microphone please, your Honour.
14 JUDGE KARIBI-WHYTE: I think that should be the end of the
15 day. We will continue tomorrow morning where you
17 (5.30 pm)
18 (Court adjourned until 10.00 am the following day)