Tribunal Criminal Tribunal for the Former Yugoslavia

Page 8003

 1                           Tuesday, 7 July 2009

 2                           [Open session]

 3                           [The accused entered court]

 4                           [The witness takes the stand]

 5                           --- Upon commencing at 9.02 a.m.

 6             JUDGE MOLOTO:  Good morning to everybody in and around the

 7     courtroom.

 8             Madam Registrar, would you please call the case.

 9             THE REGISTRAR:  Good morning, Your Honours.  Good morning,

10     everyone in and around the courtroom.  This is case number IT-04-81-T,

11     the Prosecutor versus Momcilo Perisic.

12             JUDGE MOLOTO:  Thank you so much.

13             Could we have the appearances for the day, starting with the

14     Prosecution, please.

15             MR. HARMON:  Yes, good morning, Your Honours.  Good morning,

16     counsel.  Good morning everyone in the courtroom.  Mark Harmon,

17     Bronagh McKenna, and Carmela Javier for the Prosecution.

18             JUDGE MOLOTO:  Thank you very much.

19             And for the Defence.

20             MR. GUY-SMITH:  Good morning to all.  Jason Keck and

21     Gregor Guy-Smith on behalf of the Defence.

22             JUDGE MOLOTO:  Thank you so much.

23             Sir, just to remind you that you are still bound by the

24     declaration you made at the beginning of your testimony to tell the

25     truth, the whole truth, and nothing else but the truth.  Thank you so

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 1     much.  I hope you had a good rest last night.  Thank you.

 2             THE WITNESS: [Interpretation] Yes.

 3             JUDGE MOLOTO:  Madam McKenna.

 4             MS. McKENNA:  Your Honour, having reviewed the record, we have no

 5     further questions for this witness.

 6             JUDGE MOLOTO:  Thank you very much, Madam McKenna.

 7                           WITNESS:  DRAZEN ERDEMOVIC [Resumed]

 8                           [Witness answered through interpreter]

 9                           Questioned by the Court:

10             JUDGE PICARD: [Interpretation] I have a question to ask.

11     Yesterday, answering a question from the Defence of the accused, you

12     stated that Lieutenant Pelemis, I'm trying to find it, had economic

13     interests or was -- had rather mirky economic interests.  And I was

14     wondering whether when he gave you the order to go to the Pilica farm to

15     execute the prisoners who were taken there by buses, was it himself who

16     decided himself to do this or whether he had received orders from above

17     from some superior?

18        A.   Can I answer now?  I did not see or hear him receive orders, but

19     judging by what happened that day, the fact that we went to Zvornik and

20     reported to another officer, I think -- in fact, I know that he had

21     received orders and that it was all organised.

22             JUDGE PICARD:  And these orders, according to you, did they come

23     from the Main Staff -- from the Serbs of Bosnia or any other source?

24        A.   Those orders came down from the VRS, the Army of Republika

25     Srpska.

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 1             JUDGE PICARD:  This was my only question.

 2             JUDGE DAVID:  You said at page 39, line 15 to 19, you said:

 3             "People were taken off the bus, taken to the field, and

 4     executed."

 5             And also you said:

 6             "When they were recognised, they mistreated them ..."

 7             Could you elaborate more on the type of mistreatment that those

 8     recognised were subjected to?

 9        A.   Yes, certain people from my unit as well as from Bratunac who

10     later joined us would recognise some of the individuals from Srebrenica.

11     Some of those individuals were originally from Bratunac and then during

12     the war fled to Srebrenica.  These prisoners would be recognised and then

13     they would be singled out, physically mistreated.

14             JUDGE DAVID:  What kind of physical mistreatment do you remember

15     or verbal?

16        A.   There was verbal abuse but also physical abuse.  They would beat

17     them with soldiers' rifles, kick them, punch them.  Also they would beat

18     them with some sort of metal bars.

19             JUDGE DAVID:  Thank you very much.  That was my only question.

20             JUDGE MOLOTO:  Any questions arising from the questions by the

21     Bench.

22             Madam McKenna?

23             MS. McKENNA:  None, Your Honour.

24             JUDGE MOLOTO:  Mr. Guy-Smith?

25             MR. GUY-SMITH:  I may have one if I could just double-check

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 1     something very quickly.

 2             No questions.

 3             JUDGE MOLOTO:  Thank you, Mr. Guy-Smith.

 4             Sir, that brings us to the end of your testimony today.  Thank

 5     you so much for taking the time to come and testify.  You are now

 6     excused, you may stand down, and please travel well back home.

 7             THE WITNESS: [Interpretation] Thank you.

 8             JUDGE MOLOTO:  May the Chamber please move into private session.

 9                           [Private session]

10   (redacted)

11   (redacted)

12   (redacted)

13   (redacted)

14   (redacted)

15   (redacted)

16                           [Open session]

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

18             JUDGE MOLOTO:  Madam McKenna -- Mr. Harmon.

19             MR. HARMON:  We have no additional witnesses for today.

20             JUDGE MOLOTO:  Okay.  We then adjourn, adjourn to tomorrow at

21     9.00, Courtroom II.  Court adjourned.

22                           --- Whereupon the hearing adjourned at 9.10 a.m.,

23                           to be reconvened on Wednesday, the 8th day of

24                           July, 2009, at 9.00 a.m.