Tribunal Criminal Tribunal for the Former Yugoslavia

Page 464

 1                          Monday, 19th March 2001

 2                          [Open session]

 3                          [The accused entered court]

 4                          --- Upon commencing at 10.00 a.m.

 5            JUDGE ROBINSON:  Will the registrar call the case, please.

 6            THE REGISTRAR:  Good morning Your Honours, case number IT-95-8-T,

 7    Prosecutor versus case Dusko Sikirica, Dusko Sikirica, and Dragan

 8    Kolundzija.

 9            JUDGE ROBINSON:  May we have the appearances.

10            MR. RYNEVELD:  Good morning, Your Honours.  Dirk Ryneveld for the

11    Prosecution along with my co-counsel, Ms. Julia Baly and Mr. Daryl Mundis.

12            JUDGE ROBINSON:  Thank you.  For the Defence.

13            MR. LONDROVIC: [Interpretation] Good morning, Your Honours.  My

14    name is Veselin Londrovic.  I represent Mr. Sikirica along with my learned

15    friend Michael Greaves.  We also have Ms. Rastislava Petrovic the

16    interpreter.  I am the defence counsellor who does not speak English, and

17    she will facilitate our communication.

18            MR. PETROVIC: [Interpretation] Good morning, Your Honour.  I am

19    Vladimir Petrovic, an attorney from Belgrade, along with Goran Rodic, an

20    attorney from Podgorica.  We represent Mr. Damir Dosen, thank you.

21            MR. VUCICEVIC:  Good morning, Your Honours, Dusan Vucicevic for

22    Mr. Dragan Kolundzija.

23            JUDGE ROBINSON:  Thank you very much.  This is the beginning of

24    this case, the first day.  We start with opening statements.  Before we

25    begin, may I just inquire, Mr. Ryneveld, how long will your opening

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 1    statement be?

 2            MR. RYNEVELD:  I anticipate, Your Honour, that it will be slightly

 3    over an hour and a half, about an hour and 35 minutes is my estimate.

 4    There will be some very short video clips, and I'm conscious of the fact

 5    that I'm going to have to speak slowly so that the interpreters can follow

 6    along so I anticipate about an hour and 35 minutes.

 7            JUDGE ROBINSON:  Thank you very much.  It will be convenient then

 8    to take the break at 11.30, 11.35.

 9            MR. RYNEVELD:  Fine, thank you.

10            JUDGE ROBINSON:  May I just inquire whether any of the Defence

11    counsel will be exercising the right to make an opening statement at this

12    time?

13            MR. VUCICEVIC:  Yes, Your Honour.  The Defence for Kolundzija

14    would like to make a partial opening statement wherein we would dispute

15    the elements of the Prosecutor's case.  And, if possible, then at the

16    beginning of the Defence case in chief, if necessary, we would, you know,

17    describe our part of the case.  Thank you, Your Honour.

18            JUDGE ROBINSON:  I'm not sure I understand the concept of a

19    partial opening statement.  The Rules provide for you the right to make an

20    opening statement now.  I believe you must decide whether you wish to make

21    an opening statement now or at the beginning of your statement.

22            MR. VUCICEVIC:  Yes, Your Honour, I do wish to make an opening

23    statement now.

24            JUDGE ROBINSON:  How long will your statement be?

25            MR. VUCICEVIC:  45 minutes.

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 1            JUDGE ROBINSON:  Thank you.

 2            Yes, Mr. Ryneveld.

 3            MR. RYNEVELD:  Thank you, Your Honour.  Before I begin, I ask the

 4    Court's permission to have our case manager Rebecca Graham to assist us at

 5    the ELMO to place some maps, et cetera, to assist in the presentation of

 6    our opening.

 7            JUDGE ROBINSON:  Certainly.

 8            MR. RYNEVELD:  Thank you.

 9                          [Prosecution Opening Statement]

10            MR. RYNEVELD:  Your Honours, it is now my privilege to present the

11    opening statement of the Prosecutor's case against Sikirica, Dosen and

12    Kolundzija by outlining the evidence that the Prosecution intends to

13    adduce.  I do not intend to simply restate the contents of our pre-trial

14    brief.  I intend instead during the next hour and a half or so to outline

15    the framework of our case and to highlight some of the material evidence

16    that the Prosecution's witnesses will give.

17            At the end of the trial, we submit that this evidence will leave

18    no reasonable doubt in your mind as to the guilt of the three accused,

19    Sikirica, Dosen, and Kolundzija.

20            Your Honours, this is a case about ethnic cleansing, persecution,

21    and genocide, committed in the opstina Prijedor in northwest

22    Bosnia-Herzegovina, and in particular the creation of detention camps for

23    the civilian non-Serb inhabitants in the area, the discovery of which in

24    the summer of 1992 shocked the world.

25            Serb Bosnian leaders repeatedly denied that concentration-style

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 1    detention camps were in operation in any of the areas controlled by their

 2    forces.  You will now see a very brief video clip of Mr. Karadzic in early

 3    August, 1992, denying that there were any detention camps for civilians in

 4    existence.


 6                          [Videotape played]


 8            MR. RYNEVELD:  Those denials were shown to be false when video

 9    images of the gaunt and malnourished detainees at some of these detention

10    camps were first broadcast on television in the summer of 1992, alerting

11    the world that atrocities were being committed against civilians in

12    Bosnia-Herzegovina.  What will become readily apparent from the evidence

13    that the Prosecution intends to adduce is that the individuals who were

14    imprisoned in camps such as Keraterm, Omarska, and Trnopolje were there as

15    a result of a policy of wholesale persecution and ethnic cleansing of the

16    Bosnian Muslims and Croats perpetrated at the hands of the Bosnian Serbs.

17            This trial will focus on events that happened in the opstina

18    Prijedor largely between April and August, 1992 when the purveyors of

19    Serbian nationalistic fanaticism unleashed an orchestrated rampage of

20    persecution and terror throughout the non-Serb dominated parts of opstina

21    Prijedor.  A similar campaign was waged simultaneously in other parts of

22    Bosnia and Herzegovina as part of the common purpose of the Bosnian Serb

23    leadership in order to create an ethnically pure greater Serbia.

24            Now, those who masterminded the enterprise to create such an

25    ethnically pure state accomplished their objective in various ways.  Some

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 1    of these methods included destruction of villages, killing of the

 2    inhabitants, and forced deportation or detention of their survivors.  In

 3    the context of an armed conflict which broke out in Bosnia-Herzegovina in

 4    April, 1992, there began a widespread and systematic assault on the

 5    non-Serb civilian population.  Bosnian Serb forces started military action

 6    and their soldiers and police started arresting non-Serb inhabitants.  The

 7    town of Prijedor and the surrounding predominantly Muslim villages became

 8    a battleground.

 9            The non-Serb inhabitants of the town of Prijedor and the

10    neighbouring villages were rounded up and their homes and religious

11    centres were specifically targeted for destruction.  As the witnesses will

12    tell you during the course of this trial, their mosques were desecrated

13    and destroyed, and their homes and businesses were looted, burned, and

14    destroyed.  To give you an idea of the kind of destruction the witnesses

15    will relate to you in their evidence, we propose to show you a brief

16    glimpse of the destruction.  We propose to show you now a short video clip

17    of the village of Kozarac that portrays the type of damage sustained in

18    these villages.  You will note that occasionally you will see a building

19    that appears to have escaped the path of destruction.  The evidence you

20    will hear is that Serb homes, businesses or churches were not targeted for

21    destruction, but only those belonging to non-Serbs.  In these communities,

22    the population was predominantly Muslim.


24                          [Videotape played]


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 1            MR. RYNEVELD:  Coming up in the video now you will see the remains

 2    of a mosque.


 4                          [Videotape played]


 6            MR. RYNEVELD:  A primary component of the campaign by the Bosnian

 7    Serbs to create a purely Serbian state was to kill a part of the Bosnian

 8    Muslim and Bosnian Croat civilian population and to drive the rest of the

 9    population out of the area.  They targeted non-Serb political and civic

10    leaders, intellectuals, and the wealthy.  They also targeted those

11    individuals that they claimed were extremists, such as military-aged men

12    because they were capable of resisting the Serbs.  The killing part of the

13    campaign was accomplished either through direct military attack or through

14    detaining members of these groups and subjecting them to conditions

15    calculated to bring about their physical destruction.

16            By killing many of the inhabitants outright, and detaining others

17    in camps where many were beaten to death, starved, tortured or murdered,

18    the Bosnian Serbs accomplished part of their objective.  The remaining

19    inhabitants were terrorized into leaving their homes and fleeing the

20    area.  They were driven out of their homes often carrying the sick, the

21    elderly and the very young.  They had little or no time or means to

22    collect their personal possessions before fleeing the attack of their

23    Serbian neighbours.  They were too terrified to stay yet had nowhere to

24    run.  They ran in the direction of the next non-Serb village or the

25    mountains, simply to attempt to survive another day.

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 2            Behind them, the advancing Serb armed forces left a trail of

 3    destruction in their wake; burning, looting and destroying the civilian

 4    inhabitants' homes and property.  In this manner, the Bosnian Serb

 5    authorities displayed their genocidal intent in accomplishing their

 6    objective of creating an ethnically pure Serbian state.

 7            The ethnic cleansing of the Prijedor area did not occur by

 8    happenstance.  On the contrary, it was a carefully planned and executed

 9    operation.  In the early 1990s nationalistic political parties, the Muslim

10    dominated SDA, and the Serb dominated SDS, openly pursued political power

11    in Prijedor.  Although the Muslim SDA won a majority of seats in the 1990

12    civic elections, Serb officials successfully resisted a reallocation of

13    key civic positions in accordance with election results.  The SDS also

14    wanted to establish exclusive Serb control over large segments of

15    territory in western, northern, and eastern Bosnia-Herzegovina despite the

16    fact that many of these regions had large non-Serb populations residing

17    within them.

18            In the Prijedor area, the SDS began serious plans to create a

19    separate Serbian territory in Bosnia-Herzegovina when it became clear to

20    them that they could not keep Bosnia in the Yugoslav Federation.  Tensions

21    between Serbs and nonSerbs in the area mounted as did the steady build-up

22    of Serb troops in the area.

23            In March of 1992, Serb extremists seized the television tower on

24    Kozara mountain following which the residents of the area could receive

25    only broadcasts containing Serb propaganda and warning to Serbs that the

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 1    non-Serb extremists were planning to destroy Serbs.

 2            On the 30th of April, 1992, Serb forces seized power in opstina

 3    Prijedor and encountered to meaningful resistance in the process.

 4    Non-Serb police surrendered their firearms to their Serb colleagues often

 5    at gun point.  The following morning, Serb flags flew from all official

 6    government buildings and radio Prijedor broadcast that the Serbs had taken

 7    over the opstina.

 8            Over the next three weeks all civilians were ordered to surrender

 9    their firearms to the authorities.  In reality, this order applied only to

10    nonSerbs and, as you will hear from the witnesses, Serb civilians received

11    weapons from the local authorities and the Serb-dominated JNA.  Travel and

12    communications for nonSerbs was restricted.  Many nonSerbs were fired from

13    their jobs and lost their medical coverage solely because of their

14    ethnicity.

15            The following document, referred to in these proceedings as

16    Exhibit 2.12A, which is authored by the president of the Serbian Republic

17    of Bosnia and Herzegovina, Crisis Staff at Banja Luka, Radoslav Brdjanin,

18    on the 22nd of June 1992 shows that this decision was made at the highest

19    levels and was to be carried out by the Crisis Staffs of all the

20    municipalities of the autonomous region of the Krajina.

21            On the ELMO that document is now displayed, and it reads, and I am

22    looking at the highlighted passages in the orange, "All leading positions,

23    positions involving the access to information, protection of public

24    property, and other positions of importance for the functioning of the

25    economy can be occupied exclusively by personnel of Serbian nationality.

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 1    This applies to all socially-owned enterprises, joint stock companies,

 2    state institutions, public enterprises, the Ministry of the Interior and

 3    the army of the Serbian Republic of Bosnia and Herzegovina.  In addition,

 4    such positions cannot be occupied by workers who have not confirmed their

 5    Serbian nationality in the plebescite or to whom it is not yet clear that

 6    the only representative of the Serbian people is the Serbian Democratic

 7    Party.  The deadline to carry out the task stated in Article 1 of this

 8    decision is 1500 hours of Friday the 26th of June 1992, and the president

 9    of the municipal Crisis Staffs will submit the reports to this Crisis

10    Staff."

11            Well, Your Honours, if there was any question about whether the

12    ARK Crisis Staff was serious about implementing this policy throughout the

13    20 or so municipalities comprising the autonomous region of the Krajina,

14    the question was answered in the next statement:  "Failure to carry out

15    this decision shall result in automatic suspension of the responsible

16    persons."

17            Thereafter, as will become obvious from the filed exhibits, the

18    Crisis Staff gave a number of directions and orders which further

19    marginalised the non-Serb population preventing them from taking part in

20    public and economic organisations, by controlling internal population

21    immigration, and by developing a plan designed to result in the so-called

22    voluntary relocation of the non-Serb civilian population.  In so doing,

23    they drew their blueprint for the commission of genocide in part against

24    the non-Serb civilian population of the opstina including political and

25    civic leaders, intellectuals, the wealthy, and those who resisted the

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 1    Serbs, such as military-aged males.

 2            Although the foregoing conduct was the beginning of the

 3    persecution of the non-Serb population of the opstina, for the inhabitants

 4    of the Prijedor area, the real nightmare began on approximately the 22nd

 5    of May 1992, when large-scale Serb military attacks began.  During these

 6    military attacks by soldiers and police as well as paramilitary units

 7    equipped by the SDS, artillery shelling took place against non-Serb

 8    villages.

 9            The towns and villages that you will be hearing about during the

10    course of the evidence in this trial such as Prijedor, Donja Puharska,

11    Cejreci, Kozarac, Sivci and the villages Brdo such as Biscani, Rakovcani

12    and Hambarine were irregularly but systematically attacked and destroyed,

13    much like the Kozarac footage you saw moments ago.

14            Although in some areas, the nonSerbs organised in an attempt to

15    repel the armed attacks, by the middle of July 1992 all of these villages

16    had eventually been overwhelmed by better equipped and armed Serb forces

17    and in the process, countless non-Serb civilians were killed.

18            During these attacks, men, women and children fled to neighbouring

19    villages or the nearby forests and mountains where the majority were

20    inevitably either shot, captured or surrendered to the Serb forces.  Their

21    homes and mosques were looted, burned or otherwise destroyed and their

22    livestock were slaughtered.  This was done so that they would have nothing

23    to return to, to reason to come home.

24            Upon capture, the men were separated from the women and children.

25    Many were killed on the spot.  Others were beaten mercilessly and then

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 1    transported like cattle to detention camps in the region such as Keraterm,

 2    Omarska and Trnopolje where they suffered horribly and were subjected to

 3    unspeakable indignity by their Serb captors.

 4            Most of these witnesses will tell you about what happened to them

 5    personally.  You will hear how they were attacked, rounded up, beaten,

 6    detained, abused, and starved.  You will also hear from them what happened

 7    to those who are no longer alive to tell you their story themselves.  You

 8    will hear how the three accused before you today were among the faces of

 9    their captors that made life a living hell during their time spent in

10    Keraterm.

11            You will hear evidence from the witnesses themselves who will tell

12    you the details of how Bosnian Muslims and Bosnian Croats civilians were

13    summarily executed, beaten, sexually assaulted, and detained in a

14    widespread, systematic and protracted matter.  You will also hear how many

15    of them were transferred to camps such as Omarska and Trnopolje where they

16    were subjected to similar treatment or worse with the complicity of the

17    accused, Sikirica.

18            Your Honours, so thorough was the campaign of persecution and so

19    massive was the consequence of this terror campaign, that you will hear

20    that the Bosnian Serb authorities set up an interlocking system of

21    approximately 39 detention camps euphemistically referred to by the

22    Bosnian Serbs as collections or investigation centres.

23            The evidence that will be presented to you in this case will focus

24    on three of such camps:  Keraterm, Omarska and Trnopolje, because

25    detainees from Keraterm were routinely transferred from there to the other

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 1    camps.

 2            The accused, Sikirica, who was charged with genocide and

 3    complicity to commit genocide as well as persecution in this case was the

 4    commander of the Keraterm camp.

 5            He maintained a list of the Keraterm detainees who were in his

 6    camp and which ones were to be transferred to Omarska.  Many of those sent

 7    to Omarska camp in particular are known to have been killed and many were

 8    never heard from or seen again.

 9            In light of the interrelationship between the camps, it is

10    submitted that Sikirica knew the likely fate of those he ordered

11    transferred to other camps.  You will hear evidence of how new arrivals at

12    Omarska from Keraterm were singled for special treatment, including

13    horrific beatings on their arrival at Omarska.  As such, not only is he

14    responsible for the genocidal acts committed by himself personally and by

15    those under his command at the Keraterm camp itself, but also, with his

16    knowledge and complicity, similar genocidal acts that occurred at the

17    Omarska and Trnopolje camps.

18            The acts committed at these camps, along with the prevalent

19    conditions at these camps, played an essential role in accomplishing the

20    execution of the Bosnian Serb expulsion campaign in opstina Prijedor.  The

21    operation of these camps in general and Keraterm in particular served a

22    relevant function to the detention, killing, torturing, intimidating and

23    terrorising of Bosnian Muslim and Bosnian Croats in Prijedor.  As

24    commander of Keraterm camp, the accused Sikirica controlled an integral

25    component of the wider persecution and expulsion campaign in opstina

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 1    Prijedor in furtherance of enacting the common purpose.

 2            Camps such as Keraterm, Omarska and Trnopolje were staffed by Serb

 3    forces, including reserve police officers of the Prijedor Public Security

 4    Station along with other individuals often rotating between the camps.

 5    Some of these individuals may have been camp personnel but others such as

 6    Zoran Zigic and Duca Knezevic were granted access to the camps in order to

 7    persecute and murder the detainees.  As camp commander, the accused

 8    Sikirica was responsible for the atrocities, beatings, murders and other

 9    war crimes perpetrated by these individuals.

10            I'd like to turn next, if I may, to camp conditions.  In a word,

11    conditions at all three camps in abominable.  It will become very clear

12    from the evidence of the witnesses just how brutal conditions were.  The

13    Keraterm camp was located in a warehouse and grounds of a ceramics factory

14    on the outskirts of the town of Prijedor itself.  The following brief

15    video clip shows the warehouse area that served as the detention site for

16    many of the non-Serb male military-aged civilians from the Prijedor area.


18                          [Videotape played]


20            MR. RYNEVELD:  Coming into view now is the area of the Rooms 1, 2,

21    3 and 4 that you will hear about .  This is the warehouse complex of the

22    ceramics factory.  Zooming into the foreground now you will see the weigh

23    hut which served as the command centre for commander of the camp,

24    Sikirica.  And there you see a side view of the indentation.  The rooms to

25    the left of the indentation were Rooms 1 and 2, and to the right were

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 1    Rooms 3, 4.  These are the metal doors to Room 3.  You will hear more

 2    about Room 3 and what is known as the Room 3 massacre.  Shown now are some

 3    bullet holes above the door which is where certain stray bullets appear to

 4    have gone during the time of the massacre.

 5            JUDGE MAY:  Mr. Ryneveld, we are going to have plans, are we, of

 6    the camp so we can follow this?

 7            MR. RYNEVELD:  Yes, Your Honour.  During the course of the

 8    evidence we intend to introduce documents which will assist the court.

 9    These are simply some documents that I'm using for the course of my

10    opening.

11            JUDGE MAY:  Yes.  I understand that.  And does this have an

12    exhibit number?  It may be helpful to hear.

13            MR. RYNEVELD:  The photographs?

14            JUDGE MAY:  Yes, the video.

15            MR. RYNEVELD:  We don't have an exhibit number for the video at

16    the moment, but during the course of the trial, it is anticipated that

17    many of the documents that I'm using in the opening, which is not

18    evidence, will, with the court's permission, become evidence, and will be

19    assigned a number, an exhibit number, by the court if it's admitted.

20            Keraterm camp, Your Honours, was operated as a camp for detainees

21    from the 23rd of May, 1992 until it closed on approximately the 5th of

22    August, 1992.  In the nearly two and a half months of its operation, it

23    held about 1500 detainees, almost exclusively non-Serb males of military

24    age.  All of the guards were Serbs, and most if not all were officially

25    employed as reserve police officers attached to the nearby Prijedor 2

Page 478

 1    police station.

 2            Keraterm camp was operated in a manner that resulted in the

 3    physical debilitation or death of the non-Serb detainees.  Detainees were

 4    often transferred to Keraterm from other camps and were subjected to

 5    brutal interrogations.  After they were processed, as their Serb captors

 6    called it, many were sent off to camps like Omarska, where they did not

 7    survive their subsequent treatment, including torture, beatings,

 8    starvation, as well as outright murder.

 9            For those who remained at Keraterm after interrogation, life was

10    not much better.  Torture, beatings, starvation, murder and massacre were

11    part of the game plan for Keraterm detainees as well.  When Keraterm was

12    forced to close down in early August, 1992, many of the remaining Keraterm

13    detainees were transferred to Trnopolje.

14            When television crews attend reluctant access to Trnopolje, they

15    captured the condition of the detainees on video.  By the time an

16    international commission composed of a team of journalists were permitted

17    to attend the camps, the Bosnian Serb authorities had already issued

18    instructions on the 3rd of August to the various camps to "take all

19    necessary measures to bring the camps into acceptable, satisfactory

20    condition within two days."

21            I'm going to invite you now to look at the ELMO where what has

22    been marked as Exhibit 8.4.3 will be shown.  You will note that General

23    Major Talic, who authored this military secret order, inter alia stated --

24    now the orange highlighted paragraph starting with the words:

25            "Concerning this visit, take all necessary measures so to bring

Page 479

 1    the camps into acceptable, satisfactory condition.  That means order,

 2    cleanliness, functioning of the medical care for the prisoners, tidy

 3    evidence books concerning the reception of prisoners, their release, the

 4    register of those who died and the medical findings of the causes of

 5    death."

 6            Despite this advance warning, what the journalists captured on

 7    film, once steps had been taken to make the camps appear presentable,

 8    shocked the international community into action.  Pictures speak volumes.

 9    So rather than attempt to describe the effect of the conditions on the

10    detainees in words alone, I invite you to see the condition of the

11    detainees for yourselves by viewing a portion of the video shot at

12    Trnopolje in early August, 1992.  Many of the detainees you see were

13    previously detained in Keraterm.


15                          [Videotape played]


17            MR. RYNEVELD:  Some witnesses that you will hear, such as Jusuf

18    Arifagic and Hajrudin Zubovic will tell you that they were transferred to

19    Trnopolje when Keraterm was closed down and that they were in that camp

20    when the video was made.  Both will tell you that they appeared on the

21    video and be able to identify some of the other detainees depicted in the

22    video, some of whom did not survive to testify at this trial.  When

23    viewing this video, you will likely wonder what kind of conditions would

24    result in people looking like this.  By way of an answer, let me describe

25    for you what I anticipate the witnesses will tell you was the typical

Page 480

 1    treatment of prisoners who arrived at Keraterm.

 2            At the outset, you will hear that upon arrival, usually by bus,

 3    the detainees would be thoroughly and vigorously searched and beaten,

 4    sometimes while still on the bus or else on the camp grounds in the

 5    vicinity of the weigh hut which served as the command headquarters for the

 6    guards.

 7            This is a photograph of the weigh hut that served as the

 8    headquarters for the camp commanders and you can see the facility in the

 9    background.  When I talk about the facility, it's the Rooms 1, 2, 3 and 4

10    area which is the left-hand side of the warehouse.  Anything of value,

11    money, jewellery, papers and other valuables would be stolen from them.

12    During that process, they may again be beaten with rifle butts or other

13    objects before being forced into one of the four storage rooms referred to

14    by number, which you will be hearing about continually from the witnesses

15    throughout the course of this trial.

16            There they were locked behind metal doors in hopelessly

17    overcrowded conditions.  Often these rooms were so crowded that the

18    detainees could not find space to lie down, or even to move, never mind

19    find a bed or a mattress to sleep on.

20            To give you an example of what I mean when I say overcrowded, the

21    rooms, which differed in size, were used to house from about 200 up to

22    about 450 prisoners each.  In fact, in Room 2 which measured about 20

23    square metres, at one point the number mushroomed to 570 people when they

24    emptied Room 3 prior to the massacre, which you will be hearing about

25    later in the case.  They emptied Room 3 and crammed those prisoners into

Page 481

 1    Room 2 in order to make way for new arrivals from the Brdo area.  I will

 2    return to the reason for doing that a little later on in my opening when I

 3    discuss the Room 3 massacre.

 4            The prisoners in general had to subsist on starvation rations.

 5    There was never enough food.  What little food they received was provided

 6    erratically, contained little or no nourishment and was almost always

 7    exhausted before all the prisoners were fed.  If they were near the end of

 8    the feeding schedule, there would be none left.  Getting to the food or

 9    quickly downing it was also an ordeal.  According to one witness,

10    prisoners had to run a gauntlet of beatings with sticks and rifle butts

11    wielded by guards and camp visitors just to get to the food.

12            Then they were forced to eat within a minute or two when they were

13    subjected to further beatings and had the unfinished portion of the food

14    dumped on the ground - not that there was much to eat in the first place.

15            JUDGE ROBINSON:  Mr. Ryneveld, I wonder if you could help me.  I'm

16    not very familiar with square metres.  Twenty square metres, in relation

17    to this courtroom, could you give us an idea?

18            MR. RYNEVELD:  I'm afraid I'm perhaps not the one to convert

19    metres in terms of size, having been raised in the square yards or feet

20    myself, but I would -- my best guess would be about half the width of this

21    courtroom from about counsel's desk to the wall would be approximately 20

22    square metres.  I see Mr. Vucicevic raised his hand.

23            JUDGE ROBINSON:  Let's not make an issue of it.  We will get to it

24    during the evidence no doubt.

25            MR. VUCICEVIC:  Judge, I think I would be in a position to help

Page 482

 1    you out because I grew up in one system and then went to another.  20

 2    square metres would be about 22 square yards.  So if he says -- if he says

 3    20 square metres, that would be about one yard in length, and 22 yards --

 4    I mean one yard in width, and 22 yards in length.  That's a rather small

 5    space.  I think you know the space that he's referring to is much bigger.

 6            JUDGE ROBINSON:  All right.  Okay.  Thank you very much.  Please

 7    continue.

 8            MR. RYNEVELD:  Thank you.

 9            You will hear that on a good day, each prisoner would receive only

10    one meal consisting of two very thin slices of fly-covered bread, since it

11    had been kept near the toilets prior to being served, and a small bowl of

12    water which occasionally had a piece of cabbage or macaroni in it.  Some

13    rooms, such as Room 1, whose inmates were better known to some of the

14    guards, were fed more regularly than the other rooms.

15            At the beginning you will hear that because Keraterm is literally

16    located on the outskirts of the town of Prijedor, family members were able

17    to attend at the camp gate to bring food.  Initially certain prisoners

18    were permitted to receive food from family members but after a week or so,

19    that, too, was no longer permitted.

20            Needless to say, during their detention over a period of two to

21    three months all the prisoners lost weight, some as much as 35 kilograms.

22    Their evidence is to the lack of food and its consequences on them is

23    borne out in the brief video clip which you just saw.

24            But food, or the lack of it, wasn't the only problem.  Their

25    detention was mainly during the hot summer months.  They were packed like

Page 483

 1    tin sardines in unbearably hot rooms without adequate water.  They had no

 2    change of clothing, wearing only the clothes on their backs at the time of

 3    their capture, no washing facilities, no bedding, and with very rare

 4    exception, no medical care.  In addition, hygiene was nonexistent.  There

 5    were very few toilets, and the prisoners were rarely permitted to use

 6    them, running the risks of beatings when they did.  When they did visit

 7    the toilet they had to wade through backed up overflowing sewage and

 8    filth.  The stench of excrement and urine produced an overpowering

 9    amonia-like odour which made it difficult for the inmates nearest the

10    toilets to even breathe.  At night the prisoners were not allowed out of

11    their rooms to go to the toilet but were forced to use barrels inside the

12    room.

13            As if the living conditions were not bad enough, you will hear

14    from many of the witnesses that the prisoners were routinely subjected to

15    interrogations which were regularly accompanied by beatings and torture.

16    During their detention, the detainees were subjected to severe beatings

17    and torture.  During their detention, the detainees were subjected to

18    severe beatings, torture, sexual assault and killings, in addition to

19    other forms of physical and psychological abuse.

20            Not only were they subjected to this inhumane treatment by camp

21    guards but also by visitors to the camp, also by visitors to the camp such

22    as Zoran Zigic and Dusko Knezevic, who came to the Keraterm camp for their

23    own perverted and sick enjoyment of beating, torturing and killing the

24    detainees.  This all occurred with the knowledge and the tacit approval of

25    the camp commanders and shift commanders charged with the responsibility

Page 484

 1    of the security of the camp who were often present during the incidents.

 2            You will hear the witnesses tell you about the specific incidents

 3    they either endured themselves or witnessed being perpetrated upon their

 4    fellow detainees.  The evidence will also disclose that after the Keraterm

 5    detainees were interrogated, they would be sorted into groups.  Some,

 6    branded as extremists after the interrogation, would be called out by

 7    Sikirica and others, and shipped out by bus to Omarska.  You will have

 8    made available to you documents entered as exhibits in these proceedings

 9    that will confirm the fact that over 6.000 such informative interviews

10    took place at the Keraterm, Omarska and Trnopolje camps.

11            I'd like next to address the Omarska camp.  Although none of these

12    three accused were officially attached to the Omarska camp, it is

13    important to understand that in relation to the overall campaign of terror

14    and persecution, and in particular with respect to the counts of genocide,

15    and complicity in genocide with which Sikirica stands charged, Omarska

16    camp played a significant role.

17            I'm going to ask the Omarska photographs be put on the ELMO.  Here

18    in the photograph, on the ELMO, you can see the large industrial building,

19    known as the hangar, in which many of the prisoners were detained.  The

20    concrete area in the foreground is the pista where the prisoners were

21    forced to be during the day.  To the right of the photo is the infamous

22    "white house" where the extremists, many of them from Keraterm were

23    detained, tortured and killed.  Omarska was established by the Serb Crisis

24    Staff on the 31st of May 1992 in the administrative centre of the Omarska

25    iron ore mine located to the south-east of the Kozarac area not far from

Page 485

 1    Prijedor.

 2            You can see now on the ELMO a map in blue showing the main

 3    Prijedor and there is the town with Keraterm located right on the edge of

 4    it.  Then almost in the straight line, you will see Trnopolje, down to

 5    Omarska.  From its inception, Omarska housed many of the local Muslim and

 6    Croat elite including political, administrative, and religious leaders,

 7    academics and intellectuals, business leaders, and others who led and

 8    influenced the non-Serb population.

 9            You will hear from the witnesses in the trial that many of the

10    Keraterm detainees were determined, after they were interrogated, to be

11    extremists and were transported to Omarska where they were subjected to

12    similar overcrowding, starvation and hygiene conditions as was as

13    Keraterm.  They also suffered serious beatings, torture, sexual assaults

14    and murders.  General abuse was a daily occurrence.  Battered corpses, the

15    result of nightly beatings and murder, were visible virtually every

16    morning before they were hauled away by truck.

17            Many of the witnesses you will hear from in this case, either by

18    way of viva voce evidence or by transcript, have given evidence in the

19    concurrent proceeding against five other accused who are presently

20    standing trial before a different Trial Chamber concerning their conduct

21    at Omarska camp.  Zoran Zigic, one of the accused standing trial in that

22    case, was a common denominator to both camps in both cases in that he

23    persecuted, beat and murdered inmates at both camps, travelling to each

24    and causing terror and mayhem at each camp at next.

25            I turn next, if I may, to Trnopolje.  The Trnopolje camp consisted

Page 486

 1    of a former school building, municipal centre, culture hall, and theatre

 2    located several kilometres from the town of Kozarac.  It housed thousands

 3    of detainees, the majority of which were older men, women and children.

 4    There you see on the ELMO the Trnopolje complex.

 5            Although it is generally accepted that conditions at Trnopolje

 6    were not as bad as at either Omarska or Keraterm, conditions for the

 7    detainees at Trnopolje were nevertheless horrible.  Insufficient food,

 8    almost no water, and filthy hygienic conditions prevailed.  Dysentery was

 9    rampant.  Due to overcrowding, many of the detainees had to live outside.

10    Not only did beatings and killings occur at Trnopolje, but women and girls

11    were frequently raped.

12            At one stage, after Keraterm had closed on the 5th of August and

13    many of the inmates had been transferred to Trnopolje, bus loads of men

14    were taken to a remote location near the area known as Vlasic Mountain and

15    systematically massacred.

16            Trnopolje fit into the genocidal expulsion plan as a centre from

17    which the surviving non-Serb population of Prijedor could be expelled to

18    other parts of Bosnia or other countries.  You will hear that the last

19    1500 internees were expelled from Trnopolje in November or December of

20    1992.

21            Now, each of these camps played its own integral role in the

22    ultimate objective of cleansing the area of nonSerbs.  Some, as I said,

23    were killed outright, some were beaten, and starved to death, and the rest

24    were rendered destitute, homeless, and were terrorised into leaving the

25    area, their Serb captors ensuring that there was nothing for them to

Page 487

 1    return to.  They were herded like cattle into trucks and buses and

 2    deported from the area and were often forced to sign documents that they

 3    are voluntarily surrendering their ownership rights to property that they

 4    left behind.

 5            It is the Prosecution's submission that as commander of Keraterm

 6    camp, Dusko Sikirica knew of the existence of the other camps and their

 7    purpose and participated in the systematic destruction of part of a group,

 8    the Bosnian Muslim and Bosnian Croat civilian population by sending

 9    Keraterm detainees to camps like Omarska and Trnopolje with the intention

10    that they would be subjected to conditions of life calculated to bring

11    about their physical destruction.  In so doing, he participated in

12    genocidal acts and was complicit in carrying out the common purpose of the

13    Bosnian Serb genocidal plan for the nonSerbs in the Prijedor area.

14            So effective was this plan, and so thorough was the cleansing

15    process that by August of 1992, when the foreign journalist visited the

16    former Muslim town of Kozarac, not a single Muslim family remained.  The

17    American television news programme Nightline sent a camera crew to Kozarac

18    after the destruction and ethnic cleansing of that village and this is a

19    brief excerpt of the report they filed.

20                          [Videotape played]

21            MR. RYNEVELD:  If there remains any question as to the intent of

22    the Serbs to cleanse the area of nonSerbs, it is significant to note that

23    they even renamed Kozarac from its former Muslim name to a new Serbian

24    name, Radmilovici, after the Serb who led the attack on Kozarac.  Other

25    examples of how the Serbs tried to cleanse north-west Bosnia of any Muslim

Page 488

 1    influence can be seen in their renaming of Bosanska Krupa, as

 2    Krupa-na-Uni, Bosanska Gradiska as simply Gradiska, and Skender Vakuf as

 3    Knezevo.

 4            Before April 1992, the population of Prijedor was almost evenly

 5    divided between Muslims and Serbs, with a slight majority of Muslims.

 6    According to the 1991 census, before the war, the opstina Prijedor had a

 7    total population of 112.470 people of whom 44.000 were Muslims, 42.5 per

 8    cent Serbs, 5.6 per cent Croats, 5.7 per cent classified as Yugoslavs and

 9    the remaining 2.2 were a mixture of Ukranians, Russians and Italians.

10            You will see on the ELMO, a map of Prijedor which is in the

11    middle, and you will also see the multicoloured dots, the green being the

12    Muslim and the purple being the Serb villages.  You will see the

13    concentration around Prijedor which is the centre circle and the other

14    little villages.

15            While the opstina -- within the opstina, certain towns or villages

16    would be predominantly Muslim or Serb in its ethnic composition.  You will

17    hear or read about demographic evidence to be enter at this trial

18    concerning the ethnic composition of Prijedor's pre-war and post-war

19    populations.  By way of a preview, I invite you to look at the graph on

20    the ELMO which compares population figures in Prijedor prior to the armed

21    conflict from the 1991 census with the post war census taken in 1997.

22            From the following graph, you will note that in 1991, Muslims and

23    Serbs were equally represented in the population of Prijedor with each

24    group at about 43 per cent.  That would be the crossed hatch marks in red

25    and green.  By 1997, however, Serbs were in the majority at 89 per cent,

Page 489

 1    that's the solid red one, where the Muslims are at only 1 per cent, hardly

 2    shown on the map, and the Croats at 2 per cent.  It cannot escape notice

 3    that Muslims in the opstina Prijedor dropped by 42 per cent to only a

 4    negligible figure.

 5            The Bosnian Serb authorities themselves carried out a population

 6    census in 1993, just a year after the attack, presumably to see how

 7    successfully their plan had been carried out.  On the 5th of August 1993,

 8    the chief of the Banja Luka security services centre wrote to officials in

 9    Prijedor asking 10 specific questions.  Questions 4, 5 and 6 are

10    particularly relevant here because they deal with the number of Serbs,

11    Croats and Muslims then left in the opstina Prijedor.

12            If we can display Exhibit 9.16 on the ELMO, you will see there

13    that there are -- that's the document I referred to dated the 5th of

14    August 1993 and the questions at 4, 5 and 6 are the total number of Serbs,

15    the total number of Croats and the total number of Muslims.

16            If we can go to 9.17, the answer was forthcoming two days later

17    from the chief of the SJB in Prijedor.  The answers correlate directly to

18    the 10 questions posed in the previous document; note the figures opposite

19    numbers 4, 5 and 6.  You will note that the figures provided by the

20    Prijedor SJB to the Banja Luka CSB on the 7th of August 1993 report, inter

21    alia, that the total number of inhabitants of the municipality is 65.551

22    of which 53.655 were Serbs, 3.169 were Croats and 6.124 were Muslims.

23            It shows in the less than two years since the 1991 census, the

24    percentage of the nonSerbs in Prijedor had dropped from just over 48 per

25    cent to approximately 14 per cent while the percentage of Serbs had risen

Page 490

 1    from 44 per cent to nearly 82 per cent.

 2            If there is any remote question about what the object of the

 3    exercise was, a document entered in these proceedings as Exhibit 3.48

 4    removes all potential lingering doubt.  May we have 3.48, please.

 5            You will see --

 6            JUDGE MAY:  You explained earlier that what you say at the moment

 7    is not evidence.

 8            MR. RYNEVELD:  Right.

 9            JUDGE MAY:  And you explained that you didn't have Exhibit numbers

10    for your videos.

11            MR. RYNEVELD:  Correct.

12            JUDGE MAY:  I take it that numbers have been attributed.

13            MR. RYNEVELD:  To those videos, no, they have not.

14            JUDGE MAY:  Wait a moment.  The other matters are exhibits to

15    which numbers have been attributed.

16            MR. RYNEVELD:  That's correct, Your Honour.

17            JUDGE MAY:  They are not of course exhibits yet because they have

18    not been entered.

19            MR. RYNEVELD:  That's correct, Your Honour.  I have referred to

20    them as exhibits.  However, that may be -- they have been filed and

21    numbers have been attributed, and they have been provided to the court and

22    learned counsel with numbers in order to make some sense of them.  They do

23    not become exhibits until the court declares them to be exhibits during

24    the course of the trial.

25            JUDGE MAY:  But it's convenient at this stage to refer to them at

Page 491

 1    exhibits.

 2            MR. RYNEVELD:  Yes.

 3            JUDGE MAY:  Because otherwise, it's totally disorderly but we just

 4    ought to understand the position.

 5            MR. RYNEVELD:  Yes, Your Honour, and thank you for the

 6    clarification.  It was for ease of reference rather than by

 7    presumptuousness that these documents were exhibits, that I am referring

 8    to them as exhibits.

 9            Returning, if I may, to the document which has been given a number

10    as 3.48, you can see that in October, 1992, Dusko Jelisic, a Serb official

11    from the National Security Service from the Banja Luka CSB, in an official

12    secret document, reported that in Prijedor, "Both the official authorities

13    and the citizens themselves are relaxing under the impression that with

14    the departure of Muslims and Croats, everything has been accomplished."

15            He had earlier reported in the same document - and I'm going to

16    highlight those areas in orange, "The security situation in the Prijedor

17    municipality started deteriorating in May, 1992, the month that saw the

18    beginning of fighting in Prijedor area."

19            Referring to selected highlighted passages of that report, you

20    will note, "Dozens of villages have been almost completely destroyed and

21    left uninhabited."  He then lists the names of many of the towns and

22    villages relevant to this trial.  It is interesting to note that every

23    village mentioned in the report is a Muslim village.  "This destruction

24    saw the beginning of the mass exodus of both Muslims and Croats.

25    According to estimates roughly 38.000 Muslim and Croat citizens have left

Page 492

 1    the municipality of Prijedor so far."  And then skipping again, "As these

 2    people left, there began a massive looting of their property which was

 3    left entirely unguarded by either the owners or the municipal

 4    authorities."

 5            Skipping further down the page, "This entire period is

 6    characterised by the blowing up and destruction of buildings owned by

 7    Muslims and Croats as well as of places of worship."

 8            Then near the bottom of that page, "The military police in the

 9    town are doing almost nothing about this problem which may have negative

10    effects later."

11            And then on the last page at the top comes the clincher.  Remember

12    that this document is authored by a Serb national security official in

13    Banja Luka in October of 1992.  "As time goes by, one can feel that both

14    the official authorities and the citizens themselves are relaxing under

15    the impression that with the departure of the Muslims and Croats,

16    everything has been accomplished."

17            The intention, in our submission, cannot be expressed much more

18    clearly than that.  You will be hearing specific detail from the various

19    background witnesses as to how this ethnic cleansing campaign was carried

20    out.  You will also have available to you statistics and demographic

21    reports indicating how former Muslim areas were totally cleansed and the

22    types of people that were most likely to go missing.  You will find that

23    in the opstina Prijedor, both the Muslim and Croat military-aged men and

24    the best-educated individuals, the potential leaders, went missing in very

25    high ratios.  This evidence will drive you to the irresistible conclusion

Page 493

 1    that there was a particular targeting for the extermination or destruction

 2    of a particular group within the Muslim and Croat population of Prijedor,

 3    which amounts to a clear genocidal plan.

 4            I'd like to turn next, if I may, to the accused.  First of all,

 5    Dusko Sikirica.  Dusko Sikirica was born on 23rd of March, 1964 in opstina

 6    Prijedor.  During the relevant period of the indictment, then 28 year old

 7    Sikirica was the commander of Keraterm camp and was therefore in a

 8    position of superior authority to everyone in the camp, including the

 9    shift commanders, two of which included his co-accused Damir Dosen and

10    Dragan Kolundzija.

11            As commander of the camp Sikirica had the authority to alter the

12    conditions of confinement that existed in Keraterm.  He had the authority

13    to select the shift commanders under his command, and had both the

14    opportunity and the duty to prevent violations of international law from

15    occurring in the camp, and to discipline personnel or visitors who

16    committed those violations.

17            Sikirica personally participated in the campaign of persecution

18    against the non-Serbs in the Prijedor opstina.  Witnesses will tell you

19    that he was present at road checks when the non-Serb population were being

20    driven from their homes.  Additionally, when Keraterm commenced operation,

21    Sikirica became camp commander, and during the period of its operation

22    until it was closed down in early August, 1992, Sikirica personally

23    committed beatings and killings of a number of prisoners.

24            As camp commander, he had firsthand knowledge of the intolerable

25    camp conditions, the beatings, rapes and murders of detainees that took

Page 494

 1    place at Keraterm.  He not only failed to prevent those crimes from

 2    happening but participated in many of those acts, and failed to report or

 3    punish those individuals who committed them.  Furthermore, by operating

 4    Keraterm camp, he, in conjunction with other Serb authorities, including

 5    the commanders of the other camps, contributed to the efficient execution

 6    of the Serb strategy or common purpose to create an ethnically pure

 7    region.

 8            In the context of what occurred in opstina Prijedor, that conduct

 9    amounted to not only persecution but to genocide or complicity in

10    genocide.

11            Dusko Sikirica's involvement in the campaign was concurrent with

12    his activities as commander of Keraterm.  Certain witnesses will tell you

13    that Sikirica was involved in the ethnic cleansing of the village of

14    Hambarine and the killing of its Muslim and Croat inhabitants.

15            On the 12th of June, Serb forces attacked the village of

16    Hambarine.  Sikirica was identified as one of the individuals who took

17    part in the attack and looting of Muslim houses.  The men and the women

18    were separated and their valuables, jewellery and money were confiscated.

19    According to one witness Sikirica was present when these men were taken

20    away.  In Mujadzici, a part of Hambarine, some 30 men were collected and

21    28 of them were killed.

22            One of the two survivors was a former workmate of Sikirica at the

23    Celpak factory where they had both worked before the armed conflict broke

24    out.  When Sikirica recognised him in a group of five or six men who had

25    been selected to be taken away and killed, he singled him out and told him

Page 495

 1    to run away to wherever he could.  The others were not so fortunate.  They

 2    were never heard from or seen again.

 3            Although that incident may show that Sikirica made a decision to

 4    save a former workmate from certain death, and is therefore exculpatory in

 5    nature, nevertheless the same evidence shows that Sikirica was involved in

 6    the process of ethnic cleansing.  He chose to save one person that he

 7    knew, knowing that the others were selected to be murdered.  It shows his

 8    knowledge of an impending death plan.  It also shows that he was not only

 9    the commander of Keraterm but that he was an active participant in the

10    rounding up of civilians in the Hambarine area and the execution of the

11    ethnic cleansing campaign.

12            I'd like to turn now to Sikirica as a camp commander.  It is

13    submitted that you will have no difficulty in concluding that Sikirica was

14    the camp commander of Keraterm, starting sometime in early June 1992.

15    Most of the witnesses will tell you that it was a matter of common

16    knowledge.  The witnesses will tell you that they could deduce this fact

17    from their observations, from what the guards told them, and also the fact

18    that Sikirica himself told some of the detainees that he was the commander

19    in charge of the camp.  You may conclude that he was not the commander

20    when the camp first opened in May, 1992, but that he assumed command after

21    a week or so of its initial operation, and during the time relevant to

22    this indictment.  You will hear from the witnesses that conditions at the

23    camp became worse after Sikirica took over.

24            You will hear the witnesses tell you that Sikirica was usually

25    present during the day shift, especially when the detainees first arrived

Page 496

 1    at the camp.  He was present for their welcome to the camp, consisting of

 2    beatings and robbery of their valuables, and despite the fact that these

 3    incidents occurred on a regular basis, he did nothing to stop them and at

 4    times encouraged their commission or personally participated in them.

 5            JUDGE ROBINSON:  Please continue.

 6            MR. RYNEVELD:  Thank you.  Sikirica also was the man who

 7    controlled the selection of transfer of prisoners from the camp.  He

 8    prepared and kept a daily list of names at his office in the weigh hut

 9    shown in the photographs from where he controlled the activities at

10    Keraterm.  And there you see the warehouse again with the hut with the

11    flat roof, the white roof.

12            The witnesses will tell you that he would read out lists of names

13    and decide the fates of who would be beaten, who would be transferred to

14    Omarska, or who would be loaded on to trucks for destinations then unknown

15    to the other prisoners.  Sometimes under the guise that they would be

16    taken to work somewhere, prisoners volunteered to get on the trucks.  They

17    never returned.  Many of their bodies have since been found in graves,

18    about which you will hear later on in the evidence.  The autopsy and

19    exhumation reports are available to you and will explain their

20    disappearance.

21            Not only did Sikirica bear responsibility for the atrocities

22    carried on in Keraterm by virtue of his command responsibility, but also

23    by his -- by virtue of his personal participation in them.

24            His conduct covered the gamut of war crimes.  You will hear

25    evidence of his involvement in beatings, persecution, murder and rapes.

Page 497

 1    At least two of the witnesses the Prosecution is calling, Witness K and

 2    Witness U, will tell you that they were raped during their brief stay at

 3    Keraterm.  One of the women will tell you that Sikirica himself was one of

 4    the individuals who punched her in the eye and raped her.

 5            Various witnesses will relate different incidents of having seen

 6    Sikirica personally murdering detainees.  Among the incidents you will

 7    hear the witnesses tell you about, we expect, will include the following:

 8    First of all, Salko Saldumovic will tell you about an incident he

 9    witnessed where Sikirica shot a prisoner with his pistol.  Another witness

10    will corroborate that incident.

11            Witness K6 will tell of an incident where Sikirica took out his

12    pistol and shot a man up to three times in the back.  A few hours later,

13    Witness K6 saw the body of the unfortunate man where it had been dumped

14    near the garbage bins.

15            Witness K43 will tell you that he saw Sikirica beat a detainee who

16    needed medication, and on another occasion he saw Sikirica shoot an

17    injured detainee who was complaining of pain and asking for medical

18    attention.  According to the witness, Sikirica took a guard's automatic

19    rifle and fired a few bursts into the suffering man.  Again, according to

20    the witness, he then asked the corpse whether that helped the pain.  The

21    same witness will tell you that on another occasion he noted that a

22    prisoner was questioned by Sikirica as to why he had a small bag with

23    him.  When the prisoner told him he was a diabetic and needed his needles

24    and insulin, Sikirica claimed the man was a "Ustasha medic" and threw the

25    bag away.  The detainee died a few days later in great pain, asking for

Page 498

 1    insulin with his dying breath.

 2            Various witnesses, including witnesses K35, K3, K30 and K32, will

 3    tell you that Sikirica was the one who read out a list of some 120 or more

 4    detainees who were loaded on to buses destined for Omarska.  The detainees

 5    were beaten in Sikirica's presence while boarding the buses.  These

 6    detainees were never seen again until their bodies were found in a mass

 7    grave.

 8            Finally, you will hear of Sikirica's role in the Room 3 massacre.

 9    Sikirica was present when the prisoners were moved out of Room 3 into the

10    other rooms prior to the incident.  The day following the massacre, a

11    large truck or lorry arrived and parked directly in front of Room 3.

12    Sikirica supervised the disposition of the bodies, directing that the dead

13    be piled aboard the truck and about 30 severely wounded be unceremoniously

14    loaded on top of the pile.  After the truck left for Omarska, a high

15    pressure hose was brought in to wash down the area.

16            Sikirica was heard to say that no blood was to remain behind.  You

17    will also hear that on the morning after the Room 3 massacre, Sikirica was

18    present and personally participated in the execution of some of the

19    remaining survivors of that massacre.

20            Turning next, if I may, to Damir Dosen also known and most often

21    referred to as Kajin.  Like Sikirica, Damir Dosen, Kajin, was a Serb born

22    in opstina Prijedor.  He was born on the 7th of April, 1967, so that

23    during the period relevant to the indictment, he would have been 25 years

24    old.  He was a shift commander under the command of Sikirica.  When

25    Sikirica was away from the camp during Dosen's shift, Damir Dosen was in

Page 499

 1    charge of the security of the camp and the welfare of its inmates.  Yet

 2    during his shift, the witnesses will tell you that many beatings, tortures

 3    and even murders took place.  Damir Dosen, according to a number of

 4    witnesses, took part in many beatings and assaults on inmates at

 5    Keraterm.  He was present when guards on his shift beat, tortured and

 6    murdered prisoners.  He not only failed to prevent or report such criminal

 7    acts, but often encouraged such acts by participating in them.  The

 8    witnesses are expected to tell you that Damir Dosen was more commonly

 9    referred to, as I said, as Kajin.  He was one of the shift commanders

10    along with Kolundzija and Fustar, and all of them, as I said, were under

11    the command of Sikirica.

12            Many of the witnesses will undoubtedly indicate that they did not

13    see Kajin or Dosen personally beat anyone.  Some will tell you about

14    incidents where they thought he intervened on behalf of the prisoners or

15    indicated "that's enough" when he witnessed the guards beating the

16    prisoners.  Nevertheless, it is very clear from the evidence we expect you

17    will hear that Dosen was involved in the beating of prisoners personally

18    and was present when individuals, including guards that he supervised on

19    his shift, beat prisoners.  He had the power to improve conditions but,

20    despite being fully aware of the suffering of the detainees, chose in most

21    cases not to do so.  Many will tell you that he often appeared under the

22    influence of alcohol while on duty.

23            We anticipate that a number of the witnesses will relate specific

24    incidents that they personally experienced or saw when Kajin was involved

25    in beatings of prisoners and even killings.  Some will attribute beatings

Page 500

 1    committed by the Banovic brothers, themselves indicted along with these

 2    three accused but as yet not in custody, to have been committed while they

 3    were guards, according to some witnesses, under Dosen's command on his

 4    shift.  More particularly, I expect you will hear that Kajin was involved

 5    in a number of incidents among which are:  One, the beating on his arrival

 6    at Keraterm of Jovan Radocaj, the sole Serbian detainee held in the camp

 7    and the subsequent killing of Radocaj that same night; two, the beating of

 8    Adem Jakupovaic and Nihad Krivdic; three, the cutting with a knife of the

 9    hand of Ahmet Gutic; four, the beating of (redacted); five, the beating

10    to death of (redacted); six, the beating of (redacted); seven, the

11    beating to death of Drago Tokmadzic.

12            As you might anticipate, not all the witnesses saw or heard the

13    same events.  Not all of them were in a position to see the incidents

14    noticed or experienced by others.  In fact, some witnesses will tell you

15    that their impression was that Kajin was not the worst shift commander.

16    Others will say Kajin's and Fustar's shift were worse than Kole's shift.

17    It is likely that you will find that he did show some mercy and compassion

18    for some of the prisoners from time to time.  The witnesses will tell you

19    of some of the specific examples that they noted.  Some will tell you that

20    when they were present, Kajin did nothing to stop the beatings.  Others

21    will tell you that on occasion, he did prevent further beatings.  On some

22    occasions, he stopped unwelcome visitors such as Duca, Knezevic's

23    nickname, from entering the camp where he and Zoran Zigic used to come at

24    will for their sadistic entertainment.

25            Nevertheless, it's the Prosecution's respectful submission that

Page 501

 1    when Dosen's conducts is viewed as a whole, it will become apparent that

 2    he, like Kolundzija, was a shift commander who had a responsibility for

 3    the welfare and safety of the prisoners at Keraterm while his shift was on

 4    duty.  Not only did he personally participate in beatings, but he allowed

 5    his men to physically assault, beat, and even murder the inmates.

 6            Not only was his conduct that of a participant in those criminal

 7    acts, rendering him guilty under Article 7(1) but also as a commander

 8    under Article 7(3) of the statute.  As a commander, he set a very bad

 9    example.  He failed to report or punish those under his command, he

10    encouraged them in their commission of criminal offences.  As such, at the

11    end of the case, it is our submission that you will have no difficulty

12    whatsoever in finding him guilty of persecution under Article 5 of the

13    statute as well as of outrages upon personal dignity, a violation of the

14    laws or customs of war, under Article 3.

15            Next, Dragan Kolundzija known as Kole.  Dragan Kolundzija referred

16    to by most witnesses in this case by his nickname Kole, was born on the

17    19th of December, 1959.  At the time relevant to this indictment, he would

18    have been 32 years old.  Prior to becoming one of the three shift

19    commanders at Keraterm in his civilian life, Kole had been a truck

20    driver.  When Keraterm commenced operation, Kolundzija started his duties

21    as a guard but soon was promoted to shift commander, a position he held

22    until the camp closed its doors in early August.

23            It was during his shift on the fateful night of the 24th of July,

24    1992, that the infamous Room 3 massacre occurred.  You will hear witnesses

25    tell that prior to the massacre, Serb forces set up at least two

Page 502

 1    machine-gun nests on the ground of the Keraterm camp facing in the general

 2    direction of the metal doors of Room 3 where in excess of 200 prisoners

 3    from the Brdo area were being detained.  During the night, while the

 4    accused Dragan Kolundzija was the shift commander, the Serbs began

 5    shooting the machine-guns into Room 3 through the metal doors.  The

 6    prisoners were tightly packed into the room and when the machine-guns

 7    opened up, literally like shooting fish in a barrel, the results were

 8    particularly gruesome.  The carnage continued off and on for hours.  The

 9    bodies of many of the victims were literally shot to pieces.  Stray

10    bullets also penetrated Rooms 2 and 4 on either side of Room 3, causing

11    occasional casualties in those rooms as well.

12            When the consequences of the massacre were seen the next morning,

13    witnesses saw huge piles of bodies and body parts stacked outside of Room

14    3.  Camp officials including Damir Dosen, asked for volunteers from among

15    the detainees from the other rooms to load the bodies into trucks.

16            Although the precise number of victims of the Room 3 massacre is

17    unknown, witnesses who counted the bodies being loaded estimate between

18    147 to 180 being murdered, with another 50 or so seriously wounded.  Many

19    of the wounded were subsequently unceremoniously dumped on top of the pile

20    of dead bodies and were hauled away.  None of these people were ever seen

21    again alive.

22            But that is still not the end of that obscene event.  Later the

23    following day, the 25th of July, the accused Sikirica, claiming that the

24    massacre was a response to an attempt by the Room 3 detainees for trying

25    to escape, ordered the selection of some 25 survivors to be lined up

Page 503

 1    outside the room.  They were told to lie on their stomachs on the grass,

 2    whereupon Sikirica personally shot and killed at least one of the

 3    prisoners, and was present and participated in the cold-blooded execution

 4    of the rest of them.  The second massacre occurred on the 25th of July,

 5    the day after the original Room 3 massacre.

 6            Kolundzija's role in the Room 3 massacre.

 7            Now, one of the key issues for you to determine in this case, in

 8    our submission, at least in relation to the accused Kolundzija, is the

 9    extent of his role in this massacre.

10            The fact that this massacre occurred will not present you with any

11    difficulty at all, we respectfully submit.  The evidence will prove to be

12    overwhelming.  The fact that it happened during Kolundzija's shift will

13    also not prove to be difficult.  In fact, I anticipate that the accused

14    will not take issue with that allegation.  What will be a matter for you

15    to determine, based on the evidence, is the exact role that Kolundzija

16    played during the course of the massacre itself.  The reason I'm

17    highlighting this issue in my opening address is because in the

18    Prosecution's case, you will hear many witnesses giving conflicting or

19    contradictory evidence about the nature of the role that Kolundzija played

20    that night.  It is, of course, for you to determine the facts based on

21    that evidence.

22            Some witnesses will tell you that Kolundzija was heard to be

23    yelling at the soldiers to stop shooting.  Others heard him say words to

24    the effect not to shoot at Rooms 1 and 2 because those people were

25    innocent.  Still others heard him say not to fire at Rooms 1 and 2 because

Page 504

 1    those housed people from Prijedor who had already been interrogated.

 2            According to other witnesses, Kolundzija was present when the

 3    machine-gun nests were set up outside room 3.  Still others attribute to

 4    him the order to form a semi-circle at a certain place in front of Room

 5    3.  Yet another witness heard Kole say, "Do not shoot at the other rooms,

 6    it is well known where to shoot."

 7            Now, if you accept that evidence, Dragan Kolundzija or Kole bears

 8    responsibility as the shift commander present for one of the worst

 9    massacres to have occurred during the entire Bosnian conflict.  What

10    exactly was said that night by Kolundzija may be difficult to ascertain.

11    That is a matter for this Court to decide, if necessary.  What will become

12    fairly clear, however, is the gist of what Kolundzija said.  He was

13    telling the people shooting not to shoot at Rooms 1 and 2.

14            You may even conclude from the evidence that he stood in front of

15    those rooms and attempted to order and plead with the people firing the

16    machine-guns to stop shooting.  You may, however, also conclude from this

17    same evidence that he was concerned about innocent people in Rooms 1 and 2

18    being shot at but that they were supposed to shoot at Room 3 instead.

19            Yet another witness will indicate that he was told by the accused

20    Dosen after the massacre that all prisoners in Keraterm were supposed to

21    have been killed that evening but thanks to Kole and God, it did not

22    happen.

23            However, these pieces of evidence must be factored in with other

24    anticipated evidence.  It must be remembered that the prisoners in room 3

25    had been singled out for particularised treatment since their arrival

Page 505

 1    because they were from the Brdo area.  The men from this area were

 2    labelled as extremists because they came from an area where armed

 3    resistance to the Serbs took place.  Therefore, special preparations were

 4    made for their arrival at the Keraterm camp.

 5            Just prior to their arrival, the existing detainees then housed in

 6    Room 3, were all removed and jammed into the other rooms.  When the

 7    prisoners from the Brdo area which included such villages as Carakovo,

 8    Biscani and Hambarine arrived on or about the 20th of July 1992, they were

 9    subjected to particularly cruel treatment.  On arrival they were forced to

10    kneel in the hot, relentless sun and given no water.  They were not given

11    food or water for a number of days, were not allowed to get fresh air, and

12    were locked down in the stifling hot room for days.

13            With the rotation of the three shifts at Keraterm, Kolundzija

14    would have had to have been on duty for a number of those shifts when the

15    prisoners were badly treated.  Factored in with the evidence concerning

16    the night of the 24th of July 1992, the night of the Room 3 massacre.  You

17    will also hear other evidence concerning the accused Kolundzija or Kole as

18    it relates to conditions during his shift.

19            Although I anticipate that you will hear evidence that things were

20    better during his shift, that there were fewer beatings, that he often

21    prevented visitors from beating the prisoners, make no mistake about it,

22    even during his shift, life for the prisoners was horrible, conditions

23    were terrible.  There may have been fewer beatings, but some beatings

24    still occurred.  The room 3 massacre aside, there may have been fewer

25    deaths but they were still deaths.  The prisoners may have preferred his

Page 506

 1    shift, but when one compares or contrasts two evils, both are still evil

 2    only one is less so.

 3            Regardless of your findings concerning the exculpatory evidence

 4    concerning Kole or Kolundzija that will permeate the Prosecution's case or

 5    his role in the room 3 massacre, at the end of the case, you will, in our

 6    submission, conclude that in any event, he is at least guilty of

 7    persecution.

 8            If you find that he did improve the conditions for some of the

 9    prisoners, he did not do it for all of them.  He played favorites.  He

10    allowed better treatment for some, but allowed horrible things to happen

11    to others.  The fact that he was able to alleviate conditions for some

12    only goes to prove that he had the power to alter conditions for all but

13    that he chose not to.  Knowing how bad things were at Keraterm, he

14    accepted promotion from guard to shift commander.  On the one hand, it

15    gave him the opportunity to grant privileges to certain prisoners.  You

16    will hear the times when he did so.  But on the other hand, he was not

17    uniformly magnanimous.  All the prisoners suffered, but some got special

18    privileges thanks to Kole.  But he could have and should have done more

19    for the remaining prisoners.  The fact that he did not do so, also clothes

20    him with liability for persecution.

21            But Your Honours, not all of the witnesses will speak well of

22    Kole.  Since beatings of prisoners was a routine event at Keraterm, the

23    shift commanders including Kolundzija were present during those beatings.

24    Some prisoners saw or heard Kole call prisoners out of their rooms.  When

25    these men later returned, they did so beaten or bloody.  Sometimes after

Page 507

 1    people were beaten, Kolundzija would ask the guards why they had done

 2    that.  But no one was ever disciplined or removed from the camp as a

 3    result.

 4            Although most witnesses say that fewer beatings took place on

 5    Kolundzija's shift, the overall conditions in the camp on his shift were

 6    as terrible as during the other shifts.  Several witnesses recall at least

 7    four occasions when Kole was present during beatings.  More specifically,

 8    witnesses will tell you that Kolundzija was present and participated when

 9    prisoners were beaten with iron bar, rifles, bats, planks and batons.

10            One recalls an incident where Kole ordered a prisoner to go

11    outside.  Shortly afterwards, two shots were heard.  Even more

12    particularly, one witness will tell you that Kolundzija beat him with a

13    stick.  He claims that, along with two other prisoners, he was beaten by

14    Kolundzija until he lost consciousness.  We expect you will hear from

15    witnesses that Kolundzija was also present when the Banovic brothers and a

16    guard named Grujin would beat the prisoners while they were eating.

17            From this and other evidence, at the end of the case you will have

18    to decide which facts you will accept.  On the whole of the evidence,

19    however, we submit that you will be left with no reasonable doubt.  You

20    will be satisfied that Dragan Kolundzija is guilty both under Article 7.1

21    and under 7.3 for the conduct of individuals under his command, for the

22    various crimes of persecution under Article 5, as well as outrages upon a

23    personal dignity, a violation of the laws or customs of war under Article

24    3 of the Statute with which he stands charged.

25            I note the time, Your Honours.  I have perhaps ten minutes left.

Page 508

 1    Would you wish -- I'm about to start the closing of the camp section.  I'm

 2    in your hands.  I am prepared to proceed or we can take a brief break.

 3            JUDGE ROBINSON:  We'll take the break now.  Resume at 12.00.

 4            MR. RYNEVELD:  Thank you, Your Honours.

 5                          --- Recess taken at 11.34 a.m.

 6                          --- On resuming at 12.03 p.m.

 7            JUDGE ROBINSON:  Yes, Mr. Ryneveld.

 8            MR. RYNEVELD:  Thank you, Your Honour.

 9            As I indicated before the break, I'd like to turn next, if I may,

10    to the closing of the camp.  As I mentioned at the outset, it was not

11    until the media manoeuvred their way into the Prijedor area and took video

12    footage of the camps that the Bosnian Serb authorities were forced to

13    close them down.

14            Well-known newspaper journalists such as Edward Villiamy who later

15    authored the book "Seasons in Hell", based on his observation while

16    covering the armed conflict in the former Yugoslavia, and Penny Marshall

17    with her television crew who attended some of the detention camps in the

18    Prijedor area were indirectly responsible for the closing of Keraterm and

19    eventually Omarska and Trnopolje.  You've already seen a very brief clip

20    of the now-famous footage of Trnopolje camp earlier during the opening

21    statement.  This footage came about when western journalists, who had been

22    demanding to have access to Prijedor to report on what they had heard to

23    be civilian detention camps, finally received permission to do so from

24    Mr. Karadzic.  In preparation for their visit, the authorities decided to

25    close down Keraterm.  The majority of the detainees in Keraterm were

Page 509

 1    transferred to Trnopolje where the conditions, although still very bad,

 2    were comparably somewhat more presentable.

 3            There they were reunited with detainees from Omarska who were also

 4    transferred there when that camp was closed.  Many of the prisoners

 5    visible in that short Trnopolje clip that you saw had recently been

 6    transferred there from their earlier confinement in Keraterm or Omarska.

 7    It appears as if both the Keraterm camp and the Omarska camp were closed

 8    on or between the 5th and the 8th or thereabouts of August 1992.  Not all

 9    of the Keraterm prisoners were fortunate enough to simply be transferred

10    to another camp.  You will hear from witnesses such as K31, AE, K6, K30,

11    and K13, that two bus loads of detainees, many of whom were young

12    military-aged men, were transported to an isolated spot and summarily

13    executed.

14            Sikirica called out these prisoners by name from a list, and he

15    supervised their transport from the camp.  One witness, K42, recalls the

16    names of a substantial number of the young men who were called out to be

17    taken away.  The fate of the young men unfortunate enough to be selected

18    by Sikirica to board these buses remained unknown until December of 1998

19    where their remains were found piled in a heap in a cave at Hrastova

20    Glavica near the village of Podvidaca.

21            If you look at the ELMO, there is a photograph of the pile of

22    bones at the bottom of the cave.  You will read in the expert witness

23    reports that the majority of the remains found at Hrastova Glavica exhibit

24    gunshot wounds suggesting that they had been executed by means of

25    firearms.  What's on the ELMO now is a photograph with a bullet in the

Page 510

 1    skull, and near the top of the photograph, you will see what appears to be

 2    an entry wound of a bullet hole.

 3            In addition, one witness, K12, is expected to tell you that he met

 4    up with one of the passengers of those fateful buses.  From him, he

 5    learned how the prisoners who had been called out were loaded on to the

 6    two buses and, after taking a circuitous route, they took in a number of

 7    camps, including Omarska, and ended up in a forested area near a cave.

 8    There they were met by armed guards who were waiting for their arrival.

 9    They were shot four by four and dumped into that cave.  Witness K12 was

10    told by the survivor Ibrahim Ferhatovic that he was hit in the hand and

11    fell into the cave where he escaped detection.

12            Ferhatovic told Witness K12 of the names of some of the persons

13    who were on the bus with him who were killed.  Both Ibrahim Ferhatovic and

14    many of the people he recalls, were among the people listed by Witness K42

15    as having boarded the buses.  Unfortunately, Ibrahim Ferhatovic was later

16    recaptured by the Serbs and did not survive the second arrest to be able

17    to testify at this trial.  His account of what happened will have to be

18    recounted for you by Witness K12.

19            You will also hear from witnesses and read in the expert reports

20    of Pasinac, which became the final resting place for many of the

21    unfortunate civilian detainees from Keraterm and other camps.  One

22    witness, K41, will tell you that after the war her husband who was

23    murdered in Keraterm was exhumed from a grave in Pasinac and his remains

24    were positively identified.

25            Another witness, K36, will provide additional details as to how

Page 511

 1    the husband of K41 and many other victims of Keraterm camp ended up in

 2    unmarked graves in Pasinac either individually, or as in the case of the

 3    unfortunate victims depicted in the following photograph, crammed together

 4    in death as they had been in life in Keraterm.

 5            The photograph doesn't show it very well but - at least not on the

 6    ELMO, but there is actually visible remains of three bodies in one single

 7    grave, just on top of each other.  That was grave PC13.

 8            Another example of individuals surviving execution style massacres

 9    will be recounted to you by Emsud Garibovic.  Like Ferhatovic, although at

10    a different site on a different date, he survived such a massacre.  From

11    his transcript evidence given in the Omarska case, you will be able to

12    determine that on 21 August, 1992, he was part of a large convoy of

13    detainees from Trnopolje who were loaded on to buses supposedly destined

14    for Travnik.  Many of the young men on those buses were separated from the

15    rest and taken to a remote site on Vlasic Mountain, lined up along the

16    cliff and then machine-gunned and dumped over the edge of the cliff.  This

17    execution was committed by reserve police officers from Prijedor.

18    Incidentally the same organisation to which the three accused in this

19    trial belong.  Garibovic, along with a few fortunate others, survived in

20    order to be able to tell you what happened to them and their less

21    fortunate fellow detainees.

22            You see, the thing about slaughtering people in batches with

23    machine-gun fire and automatic weapons, although very quick, impersonal

24    and generally effective, there is a problem for the perpetrators in that

25    not everyone is killed outright.  Many are severely wounded and die later

Page 512

 1    but yet others survive among the pile of corpses and live to tell you

 2    about their experiences.

 3            These three representative samples of what occurred in these three

 4    camps show that there was an interrelationship between the camps.

 5    Prisoners were transported from Keraterm to the others where the

 6    conditions were similar.  Buses or transportation had to be arranged.

 7    Some administrative organisation took place.  These things did not happen

 8    in splendid isolation.  People were interrogated, sorted.  Lists were

 9    prepared of names.  Lists were called out.  People were selected for

10    particular treatment.  Some were transported to other camps.  Some were

11    murdered.  Some were beaten.  Some were spared.  Some received

12    preferential treatment.  Some were loaded on buses and taken to be

13    executed en masse.  This happened not only at Keraterm but at Omarska and

14    Trnopolje as well.  All of this shows, in our submission, that there was a

15    larger common design of which Keraterm was but a part.

16            Each camp played its particular role in fulfilling the overall

17    genocidal conduct that was perpetrated on the targeted non-Serb population

18    of the Prijedor opstina.  Your Honours, you will also have available to

19    you the evidence from the experts such as Dr. Richard Wright, the

20    professor of forensic anthropology who prepared the various reports of

21    exhumations of bodies in Pasinac and Prijedor, and of a mass grave site in

22    the village of Kevljani.

23            Dr. John Clark is a forensic pathologist, who reported on the

24    results of post-mortems carried out by him and his staff on bodies from

25    Pasinac, Kevljani and Hrastava Glavica.  You will have available the

Page 513

 1    evidence and reports of Dr. Clark, Antony Brown, Judge Abdulmedzid Music,

 2    Dr. Eva Klonowski, as well as other forensic pathologists concerning their

 3    findings.

 4            These are not all the witnesses the Prosecution intends to call.

 5    In all, we anticipate that you will hear during the course of the

 6    Prosecution's case, from approximately 42 witnesses by way of viva voce

 7    evidence.  The balance of the total of approximately 54 potential

 8    witnesses that we have selected as a representative sample of the

 9    available evidence will come in the form of transcript evidence from other

10    proceedings or by way of expert reports, should the court permit it.  It

11    may be that Defence counsel will wish to cross-examine some of these

12    witnesses, and they will appear before you in person.  The evidence of

13    others will likely be available to you in report form by consent of all

14    counsel.

15            Additionally, you will have for your consideration a number of

16    binders of documents which have been filed and entered as exhibits, to my

17    understanding, in these proceedings, to which reference will be made

18    during the course of the trial.

19            Your Honours, it is our respectful submission that at the end of

20    the case, you will be satisfied that the Prosecution has tendered a body

21    of evidence from which you will have no difficulty in determining that

22    each accused is guilty of the charge -- as charged of the counts in the

23    indictment relating to him.

24            Unless Your Honours have any questions, that is the opening

25    statement for the Prosecution.

Page 514

 1            JUDGE ROBINSON:  Thank you very much, Mr. Ryneveld.

 2            THE INTERPRETER:  Microphone for Your Honour.

 3            MR. VUCICEVIC:  Your Honours, if I could move.

 4            THE INTERPRETER:  Microphone for the counsel, please.

 5            JUDGE ROBINSON:  Yes.


 7                          [Kolundzija Defence Opening Statement]


 9            MR. VUCICEVIC:  Your Honours, my learned friends on both sides of

10    the courtroom, as difficult as this might be, but it is my duty and also

11    my privilege to present you the plan and the flow of the events which was

12    in Kolundzija's mind but not in the minds of the Serbian extremists that

13    Mr. Ryneveld has presented.

14            First, I will concede it is not disputed that certain criminal

15    acts took place at Keraterm, but it is Kolundzija's case that he didn't

16    participate in them, neither directly, indirectly nor collectively.  It is

17    submitted that it is misleading from the Prosecutor to lump Kolundzija on

18    collective liability theory together with the co-accused and that each

19    defendant is entitled to have the case against him looked at separately.

20            As far as direct participation is concerned, it is expected that

21    the evidence from both the Prosecution and Defence will show that

22    Kolundzija gave no order for any detainee to be mistreated.  He himself

23    mistreated no detainee.  He was not present when any injury was inflicted

24    upon any detainee which he could have prevented.

25            On the contrary, his guards behaved properly to the detainees.  He

Page 515

 1    personally behaved well toward detainees and took positive steps to reduce

 2    their suffering whenever he could, and he had a reputation in the camp for

 3    behaving well toward the detainees, and all detainees knew it.  But let me

 4    pause here for the moment to introduce my client, Dragan Kolundzija, and

 5    the environment where his mens rea was formed.  Not mens rea that

 6    Prosecutor would like you to believe.  He had different mens rea.

 7            This is a man who has been praised by many inmates for his

 8    humanitarian service at Keraterm.  Dragan is 41 years old, married.  He

 9    has two children, ages 14 and 16.  His educational background includes

10    elementary school and vocational technical school.  He had no technical

11    training thereafter but was sent by recruiting officer to the national

12    service as a truck driver, and a recruiting officer will testify that he

13    did so since Dragan had no leadership nor fighting abilities.

14            Upon finishing his compulsory service, Dragan assumed a job as a

15    truck driver in the government-owned long haulage company.  Before the

16    conflict erupted, Kolundzija in 1989 became a self-employed long distance

17    truck driver.  Trucking business was booming since the fellow Muslim

18    drivers from Prijedor were moving Serbian families from Slovenia and

19    Croatia to Bosnia-Herzegovina, while Kolundzija became busy hauling loads

20    to and from Croatia since he was not like the others.  He was not afraid

21    to go.  He simply couldn't foresee that there would be any clashes between

22    two constituent people of Yugoslavia.  His state of mind was moulded by

23    years of propaganda that Prijedor was the flagship of Yugoslavianism.  As

24    example of working class as avant guard of the communist system, they

25    could bring together and heal the ethnic faults from the past, through

Page 516

 1    full integration of Prijedor, via interethnic marriages and development of

 2    mining resources in the region.

 3            The significant historical revisionism was present one which

 4    tormented the minds of those Serbs who remembered Jasenovac, those who

 5    witnessed reality and passed it on to their sons and daughters, so that

 6    their relatives, victims, wouldn't be forgotten.

 7            It was as much of the epic story telling and the -- as it has been

 8    when the most Serbian culture which was passed on from generation to

 9    generation during the life under Islamist rule in Bosnia from early 15th

10    to the late 19th century.  That epiculture preserved Serbian national

11    identity among the two bordering empires invading Serbian lands as they

12    pleased.

13            However this was presented to you to distinguish Kolundzija since

14    he was never exposed to those epic stories because Kolundzija's parents

15    accepted overarching communist idea of brotherhood and unity, and that was

16    the word that he could hear every day.  For all people of Yugoslavia, the

17    acts of affirmative display of his parents' loyalty to those principle

18    included, among others, naming their firstborn child, a daughter, Stefica,

19    with an exclusively Croatian name.  Second child, son, Dragan, was born on

20    December 19, 1959, a day of St. Nicholas by the Serbian calendar.

21    Moreover, that was the day of his family saint protection.  That's a

22    traditional Serbian family would have given to their God's gift, their

23    firstborn son, name Nicholas.  His parents, defeated nationalistic

24    prejudices of the past.  Also religion, took back seat as it was proper

25    for ardent followers of the new order of those times.

Page 517

 1            Having grown up in a home of his aunt who was married to a Muslim

 2    man, while his parents went off to work in Germany, as soon as Tito

 3    economy of equitable investments faltered where some became more equal

 4    than the others.  During those times, Dragan Kolundzija became absolutely

 5    integrated in multiethnic society.  For generations, in his family,

 6    Croatians and Muslims were considered brethren who were different only in

 7    the past due to the divisive and by communists considered obsolete

 8    religious beliefs.

 9            Religion was barely practised by all ethnicities in Bosnia because

10    the communist party, the organising force in the society in those days,

11    disfavoured dogmatical factors.  Communist salvation was supposed to be on

12    the earth, but couldn't be fully implemented as long as there was any

13    other forms of the governments in the entire world.

14            In its teaching, it was much more extreme than Islamism; however,

15    with proper benefits which corrupt conscious of the subjects, they both

16    spread it -- spread like a wild fire.

17            And here I thought long and hard where to mention the following

18    fact, but since my learned friend had mentioned it, I feel duty-bound to

19    respond.  The Prosecution has mentioned the creation of Greater Serbia,

20    and ideas incidental to it.  I shall comment only as it relates to

21    Kolundzija.

22            Kolundzija's grandfather, Simo, came back from the United States,

23    where he immigrated at the turn of the century, to volunteer in the

24    defence of Serbia at the outset of World War I.  While Serbs were on

25    attack from Austrian and German empires.  Grandpa Simo not only fought for

Page 518

 1    freedom Serbia which was 400 kilometres away, but for freedom of people of

 2    Bosnia too, his brethren, Muslims and Croats, who openly and publicly

 3    asked for unification with Serbia.

 4            Grandpa Simo, who Dragan admired, would be a self-serving example

 5    of Serbian pride to some but chest beating to the others if he were

 6    unique.  However, Muslims from Bosnia have also fought for "Greater

 7    Serbia", if this Trial Chamber were to accept the Prosecutor's theory.

 8            The following example refutes it single-handedly.   Sukrija

 9    Kurtovic, a Bosnian Muslim youth, who studied in Vienna also became World

10    War I volunteer in the Serbian army as he was a Muslim Serb, just as

11    Mr. Alija Izetbegovic declared himself a Serb in a census after World War

12    II.  However, Sukrija Kurtovic, his brother, was a captain in the regiment

13    of Serbian Royal Guards having finished military academy in Belgrade.

14    That young man from Sarajevo could have gone to Vienna, Prague or

15    Budapest, the capitals of the big empire that were -- that he was

16    subjugated to, to obtain his education by having instead gone to his

17    brethren in Serbia to enjoy freedom with them.

18            Brothers Kurtovic achieved fame and secularly-minded citizens of

19    Bosnia sent Sukrija to Belgrade as a member of the Yugoslavian

20    parliament.  It took about 50 years to 70 years for a spontaneous

21    transformation of the most radical Islamist region of Ottoman Empire and

22    Serbs appreciated and hoped and that enlightened Muslims in the region

23    would become brethren as they were, or at least friendly neighbours.

24            The reforms began with Sultan Mehmmed II, also a Caliph, in 1822,

25    and perhaps few know today who rebelled the first against the changes out

Page 519

 1    of the whole Muslim world.  Those were the Bosnian feudal lords who were

 2    not about to give civic rights to their Serbs of orthodox religion.

 3            Islamist lords of Bosnia carried their insurrection for over 20

 4    years, but sultan finally defeated them at the Battle of Kosovo of 1847.

 5    Yet, defeated leader Husein Husein-kapetan Gardascevic, who fought sultan

 6    armies, became a second martyr of Kosovo, as Car Lazar for Serbs was, from

 7    fight of 1389 and are the hero to those Muslims of Bosnia who wanted to

 8    enslave their neighbours by the virtue of imposing their view of

 9    intolerant Islam.

10            However, I am again here at a privilege to distinguish Kole.  He

11    knew nothing about this.  Communist regime counterfitted history to fit

12    their ideological needs.  Thus neither high school books nor social

13    discourse had scintilla of history Islamism of those times.

14            It is significant to mention that during two periods of democracy,

15    the Islamism of Bosnia resurrected so fast.  After World War I, on or

16    about, Sukrija Kurtovic in a speech in a parliament said, being highly

17    critical of a fellow Muslim from Bosnia for his hypocrisy, and he was

18    criticising Mr. Mohammed Spaho who was the leader of the Yugoslavian

19    Muslim organisation saying:  Mr. Mohammed Spaho, to demand from other

20    citizens of Bosnia-Herzegovina to forget their religious determination of

21    historical conflicts, if he, with all of his work among his constituents

22    is heating up the religious divisiveness and brings up to the memory the

23    events of the past, what must lead to clashes among our primitive men.

24    Programmes of hatred lead our primitive men to bloody conflicts in regular

25    party discourse, let alone what may happen to people if a political party

Page 520

 1    jousting on religious ground continue while there are still men living who

 2    were beheading and killing others during former religious infighting.

 3            The same conclusion about causation of wars on civilisation fault

 4    lines has been expressed by Mr. Samuel Huntington, professor, in his book

 5    "The Clash Of Civilisation and the Remaking of World Order", first

 6    published in 1996.  If I could have it presented on the ELMO, please.  I

 7    will quote here from the page 262, but it will come in the evidence

 8    later.  The first fairly contested election in almost every former Soviet

 9    and former Yugoslav republic were won by political leaders appealing to

10    nationalist sentiments and promising vigorous action to defend their

11    nationality against other ethnic groups.  Electoral competition encourages

12    national list appeal --

13            THE INTERPRETER:  Could the counsel please slow down.

14            JUDGE ROBINSON:  You are being asked to speak more slowly.

15            MR. VUCICEVIC:  -- promotes the intensification of fault line

16    conflicts into fault line wars.  A comments of this book came from the

17    very recognised people of our times like Mr. Kissinger said, "Sam

18    Huntington is one of the West's most eminent political scientists and

19    presents a challenging framework for understanding of the realities in

20    global politics of the next century."

21            However, Mr. Kurtovic calls for tolerant democracy in 1930s fell

22    on a deaf ear just as it happened to cause call for moderation of

23    Mr. Fikret Abdic who emerged as the winner of the first democratic and

24    leader of secular Bosnian Muslim in the elections of December 1990.

25    Mr. Fikret Abdic won those election but he was denied the seat which he

Page 521

 1    duly won.

 2            We will present the evidence why, and under what condition that it

 3    happened.  It wasn't very pleasant.  Who instead became the president?  A

 4    man who best depicted himself by his own seminal work, the Islamic

 5    declaration, by which he has put on notice secular Muslims and others in

 6    Bosnia that they shall become citizens without civic rights if he becomes

 7    successful in Islamisation of the Bosnian state.

 8            However, if we reconcile and we will represent to you further that

 9    Bosnia was exception to the rule of the fault line wars of civilisations,

10    these Honourable Judges do know that there are no rules without

11    exceptions, and it seems what the civilisations, as Mr. Huntington is

12    naming them there; western, eastern, including orthodoxy and Muslim.  And

13    he is submitting the views which were known in the late 1980s and early

14    1990s that the bloodiest clashes do occur between the peoples along the

15    fault lines, the borders of these civilisations.

16            If I may have another picture.  You will see the map of Europe

17    with a shaded line going all the way from the North Sea down to the

18    Adriatic, and where the fault line curves the most, where does it

19    crisscross itself?  Where anybody who follows the ethnic conflicts must

20    realise at the beginning, where shall the earthquake be the highest, with

21    every scale we decide to choose.  Prijedor is there, Bihac and, if I may

22    just approach here with your permission, here we go.  That's Prijedor.

23    Bihac, a Muslim territory [microphone not activated]... enclave where

24    the -- Mr. Abdic had been living and culturing historic views are located

25    outside of the fault line.  Thank you, sir.

Page 522

 1            This map was first published in a journal of foreign affairs in

 2    1990 way before the conflict in Bosnia started.  That was only printed in

 3    this book later.  I will present this in evidence at a later time.

 4            As I said, Bosnia was an exception to the rule of fault line wars

 5    of civilisations.  Elections didn't lead to war, but fraud on peoples'

 6    will, the collective will of Serbs, Muslims and Croats of Bosnia.  This

 7    was an act of religious meddling in politics that Kurtovic saw in his time

 8    and warned against it.  Social experiment of Bosnia of Tito's time was

 9    indeed successful and ready to thrive, but for the insurmountable meddling

10    of powers, both from the western and Islamic civilisations.

11            Western Europeans conducted a transitions  in Yugoslavia with

12    usual flare of hypocritical demagoguery.  In their views, Yugoslavia was

13    dead on arrival since encompassed Serbs, Croats and Muslims, while Bosnia

14    had to be recognised an independent states which had to be stitched of the

15    same incompatible ethnic groups.  However, hypocrisy always have its

16    interest, but never its reasons.  In Yugoslavia, Serbs were majority while

17    in Bosnia they would be minority.  This "logic" Serbs of Bosnia faced from

18    western Europe, from 1878 at a time when -- after Congress of Berlin,

19    after Franco-Prussian war, Bosnia was given under trusteeship to

20    Austro-Hungarian empire.  Well, it wasn't only trusteeship, but annexation

21    came in 1908.

22            What had happened before this war, there was a sudden revival of

23    Islamism and identification with the most radical Muslim nations that just

24    contributed to this -- to the war.  Perhaps today, it behooves us all to

25    look what had happened a few days ago by the most Islamic -- by most

Page 523

 1    extreme Islamic nation in the world.  Some of the landmarks of all

 2    civilisations have been blown away.  Serbs did have, in their history, a

 3    certain equally shocking occurrences, and I do want you to keep that in

 4    mind.  I do not want to give you a details now but indeed, they had it.

 5    The world didn't know it.

 6            As the Prosecutor said, I would agree with him, that in 1992,

 7    regions inhabited predominantly with Serbs with seceded, but is secession

 8    a crime or is it a right to self-determination?  Throughout 1970s and

 9    1960s, I think that was -- that was the main political topic for

10    liberation of many, many people throughout the world who were liberating

11    themselves from the colonial rule.

12            Perhaps what motivated Serbs, they didn't want to live under the

13    sharia and to be subjected to those Muslim extremists who were going to

14    carry jihad against their own neighbours, and these will be their own

15    words that will come out of the mouth of a moderate Muslim who said that

16    that's why he took arms to fight extremist Islam in Bosnia.  And the fact

17    is that that was another fight, not only a fight between Serbs and extreme

18    Islam, but there was a civil war between two different groups of Islam in

19    Bosnia, intolerant and secular.

20            Let me come back to Prijedor.  It was an integrated oasis

21    ambivalent to the meddling of foreign powers and warmongering of extremist

22    from all sides until the first shots were fired.  The quake, which

23    Mr. Huntington is suggesting that followed did occur because we have seen

24    that the fault line crisscross in Prijedor unlike in any other -- on any

25    other point in European continent.  Thus these shots, the first shots in

Page 524

 1    Prijedor that nobody expected drew fear and anger of Prijedor overnight.

 2            Prosecutor's theory is that such acts -- that all the

 3    consequences, brutal and gruesome and crimes of all kinds that have

 4    occurred prove the existence of the plan of persecution of all Muslims in

 5    the area.  However, I respectfully suggest that it is just an

 6    unsupportable conjecture.

 7            To understand such a sudden occurrence in a peaceful society, I

 8    could perhaps illustrate by a World War II relocation of ethnic Japanese

 9    in the United States, Japanese nationals and American citizens whose

10    citizenship was taken away without any hearing or anything, and they were

11    all relocated.

12            Fear was not strange to President Franklin Delano Roosevelt.  He

13    deserved a credit for pulling the nation and the world from the great

14    depression.  In his opening speech he asked the nation to overcome the

15    fear because, in his words, "There is nothing to fear but fear itself."

16            However, he and the nation - my new nation - succumbed to the

17    national fears of imminent Japanese invasion which drew, and I'm quoting

18    the words of an inmate of one of those camps, those acts, acts of

19    invasion, which was 10.000 miles away but not shots that were fired next

20    door, drew fear and anger of a nation overnight.

21            With your permission, I will use a very short excerpt from a

22    documentary which also exists on a public site and I will quote also a web

23    site for that, and that documentary is on the plight of the Japanese

24    Americans.  This documentary was supported by the public -- Corporation

25    for Public Broadcasting and the Civil Liberties Educational Fund.  This

Page 525

 1    film received best documentary award of the New York International

 2    Independent Film Festival and also received the best award for war and

 3    peace category at Vermont International Festival Film.  Some of the papers

 4    commented, like Seattle Union Record, documentary --

 5            JUDGE MAY:  Just a moment.  Mr. Vucicevic, what's the relevance of

 6    this to the trial?

 7            MR. VUCICEVIC:  Your Honour, the relevance of this is going to

 8    show that in a society, the similar occurrences could cause such a

 9    tremendous fear that the nations could react similarly at a similar

10    circumstances, and the plan does not have to be premeditated, planned and

11    everything else, but events could come all of a sudden, and developments

12    could be without malice aforethought, to make a comparison with the usual

13    crime, that consequences do not necessarily deserve deduction that certain

14    things were planned, because this documentary is going to show that even

15    the President Roosevelt called these concentration camps.  The clip will

16    show that these people were told that they will be relocated to the

17    communities, but they were sent to the race course barns and kept in the

18    stalls, that their property was taken away, and then able-bodied men were

19    to volunteer to the army.  When they resisted, they were taken to the

20    concentration camp of much higher security, where they were beaten, in the

21    camp which did have guard towers and tanks around them.

22            I am not here to suggest to you that my new nation had ever

23    intended to cause suffering, that had ever planned, but fear had caused

24    the president to commit an unconstitutional act.  And all those who were

25    putting that into the effect has -- have acted in such a fashion that it

Page 526

 1    caused a great suffering and certain crimes.  My new nation has displayed

 2    that for the world to see and I am merely suggesting to Your Honours to

 3    take a look and to see what fear could do.  Judge you shall; advocate we

 4    will; but I feel it is my duty to show you --

 5            JUDGE ROBINSON:  Mr. Vucicevic, go ahead, very quickly.  Show what

 6    you want to show.

 7            MR. VUCICEVIC:  Will you please?


 9                          [Videotape played]


11            MR. VUCICEVIC:  I shall not comment nothing because there is sound

12    here.


14                          [Videotape played]


16            JUDGE ROBINSON:  Is it very much longer, Mr. Vucicevic?

17            MR. VUCICEVIC:  Another minute.

18            JUDGE ROBINSON:  Another minute.  Okay.


20                          [Videotape played]


22            MR. VUCICEVIC:  Thank you, Your Honours, for permitting me to

23    share this with you.

24            However, I must distinguish my client.  Kolundzija feared no

25    neighbours of his.  Obviously, he thought the civil war shall never

Page 527

 1    happen.  Thus, even while working, his truck was one of the last that came

 2    back from Croatia to Bosnia over Sava river before the bridge was blown.

 3            A few days later he responded to a call-up when summoned by the

 4    JNA, Yugoslavian Narodna Armija.  In an oath, he swore to uphold and

 5    thought JNA would support unified Yugoslavia.  He realised that on that

 6    day, SDA, that was Party of Democratic Action, in Prijedor had a big

 7    protest meeting at the main square, instructing Muslim men not to

 8    respond.  A good friend of Kolundzija, a driver from the same haulage

 9    association, didn't respond to the call-up.  However, two days later he

10    came to the unit and commented, "I went to the meeting to see what my

11    people thought, so that confused me, so I made my mind at last and I am

12    back in the army."  He was welcomed by all of his fellow soldiers,

13    including Kolundzija.

14            A few days later, Kole and his friend came to Prijedor on

15    assignment hauling a load for the military, and they took a break, stopped

16    at their association.  Two other Muslims drivers at the same association

17    said nothing to Kole but his friend was cursed and they were saying to him

18    -- Mr. Kadijevic in those days was the supreme commander of the Yugoslav

19    National Army and the conversation took place like this:  "Have Kadeavic F

20    expletive word you?  Why did you put that uniform on yourself?"  Kole

21    laughed at that exchange but his friend said, "When I come back, I will be

22    Kadijevic for you."

23            Kole thought that this was just an insignificant banter, thinking

24    that this colloquy between tolerant and extreme Muslims will never become

25    a problem in Prijedor if secession is prevented elsewhere.

Page 528

 1            After returning from Croatia, where the Kole had only been a

 2    driver and never came closer than two kilometres to the front lines, he

 3    resumed now his past haulage and was getting his informations only from

 4    Yutel, a television station that was based in Sarajevo and was produced

 5    and directed by a pro-Yugoslavia oriented Croatian man.  Therefore,

 6    Kolundzija never thought that he would see a war in Prijedor.  However, he

 7    was reassigned later to the reserve police unit to secure all civilians

 8    and that happened in late April of 1992.

 9            After Serb takeover of power in Prijedor, time passed uneventfully

10    for Kolundzija, who provided sentry duty at public buildings.  He never

11    thought that Keraterm would be anything else than a ceramic tile factory.

12    However, by following his orders, he found himself on the morning of June

13    3rd as a guard of detainees in the same factory.

14            The detention centre, as it was then called by the Serbian police,

15    was already set up and guarded by the military before his arrival there.

16    Military also continued to provide additional outside perimeter guards at

17    night.

18            Kolundzija was during month of June an ordinary guard who raised

19    questions of mistreatment of prisoners to his commander, Mr. Dzinko

20    Knezevic, and constantly protested how much longer he is going -- this was

21    going to go on, Keraterm and his assignment therein.  The answers were

22    three to four days and this will be over.  He believed it since it seemed

23    a very sincere answer by his commander.

24            As that might seem insincere to you now, but I will ensure you,

25    and we will present you evidence that recently discovered documents by

Page 529

 1    this Defence counsel, pursuant to the request that was already before you,

 2    and this Trial Chamber has been informed about the discovery of the

 3    documents, will conclusively prove that Serbian authorities for Krajina

 4    disclosed existence of these prisons and prisoners within seven days of

 5    their establishment and three days after Kolundzija's assignment therein,

 6    to the international authorities, highest military and civilian officers

 7    on territory in Yugoslavia.

 8            They also requested medicine and foods and convoys to be

 9    established to Banja Luka and Krajina because Serbs were lacking them and

10    were expecting that their stocks will not last more than a few days.

11            JUDGE ROBINSON:  Mr. Vucicevic, it's approaching 1.00, time for

12    the adjournment.  Will you be bringing your closing to an end?

13            MR. VUCICEVIC:  Your Honour, I will have -- I did think it was

14    going to be 45 minutes but after the Prosecutor's statement, I believe

15    I'll take about 15 minutes to comment on the acts that were allegedly

16    committed by my client.  So I might take a little longer.  I would prefer

17    if you would allow me to continue after the break.

18            JUDGE ROBINSON:  Yes.  Very well, then.

19            MR. VUCICEVIC:  Thank you, Your Honour.

20            JUDGE ROBINSON:  When we resume this afternoon, which will be at

21    2.30, after Mr. Vucicevic's presentation, I will deal with some

22    administrative matters before we begin with the taking of the evidence.

23    But there is one matter that concerns the Chamber, and I want to raise it

24    now.

25            The accused Sikirica is running a defence of alibi.  He is saying

Page 530

 1    he wasn't there.  The Prosecution will be bringing witnesses who will say

 2    otherwise.  As far as we can see, the accused Sikirica has not been

 3    identified before by these witnesses and the issue of his identification

 4    as the person who committed the crimes is obviously very crucial.  It

 5    seems likely therefore that what will happen is that when the Prosecution

 6    witnesses come in, they will identify him, and the dangers of that kind of

 7    identification are well-known.

 8            I want counsel on both sides to prepare themselves to make

 9    submissions on that issue to the Chamber.

10            Yes, Mr. Greaves?

11            MR. GREAVES:  Your Honour was anticipating something I was

12    literally about to get on my feet and say, that I had a short oral motion

13    to make to you concerning this very topic, but it may be that it is

14    sensible to deal with it.  Not having raised the matter, we can make

15    mutual submissions rather than me simply having to stand and make a motion

16    orally to Your Honours.

17            JUDGE ROBINSON:  Yes.

18            MR. GREAVES:  I was aware of it and I was going to deal with it

19    before the first witness gave evidence this afternoon.  I'm certainly

20    alert to it.  I warned my learned friend Mr. Ryneveld that I was going to

21    make such a motion so he is not taken by surprise by the issue.

22            JUDGE ROBINSON:  Thank you.  We will deal with it in the manner I

23    have outlined.  We will take the adjournment now and resume at 2.30 p.m.

24                          --- Luncheon recess taken at 1.05 p.m.


Page 531

 1                          --- On resuming at 2.34 p.m.

 2            JUDGE ROBINSON:  Mr. Vucicevic, I think you are in the last stages

 3    of your opening.

 4            MR. VUCICEVIC:  Yes, Your Honour.  If I may proceed, please.

 5            As I said before the break, defence of Kolundzija has a document

 6    which depicts a meeting that took place in Belgrade on June 7th, 1992

 7    where, from the Serbian authorities, Mr. Alexander Buha who was, at that

 8    time, a minister in the government was present and also in the government

 9    of  government of Krajia, Mr. Lalovic was present where they have informed

10    the highest authority of the United Nations in Yugoslavia at that time of

11    existence of prisoners and their attempt to exchange those prisoners with

12    the government of -- the Bosnian government, but they have received

13    communication that they were not interested in exchange of those prisoners

14    but that only they would accept food and arms and ammunition in exchange

15    for Serbian prisoners.

16            Then, the Serbian authorities requested that International

17    Committee of Red Cross be informed.  I think that directly counters the

18    assertions that the Prosecutor has just stated in his opening.  Also,

19    Mr. Vulliamy who will testify for the Prosecution has indicated in one of

20    the articles, one of the many articles that he has written that, indeed,

21    international organisations and the governments had known from the very

22    beginning of existence of these camps and merely that he has two months

23    later reported about it.  However, that was not hidden.

24            The reason that I am bringing this up is there was no intent to

25    harm these prisoners at the time that the camps were established.  The

Page 532

 1    situation became suddenly worse during the middle of July 1992.

 2    Kolundzija doesn't know why it happened.  He only knows that a big group

 3    of prisoners was brought in one afternoon.  He refused to admit them since

 4    the facility was overcrowded.  He knew of the conditions that they were

 5    in, and he didn't want it aggravated.

 6            He was aware that they had pallets which the tiles were carried on

 7    that were only there instead of beds.  However, at the beginning, Room 3

 8    was used as the detention facility for the Serbians who were suspected of

 9    committing any crimes.  Those prisoners also had nothing to lay on, and

10    they were getting the same food and same pallets as the Muslim prisoners

11    who were in the Rooms 1 and 2.

12            Later on, as the number of the Muslims and Croatians who were in

13    prison grew, that the detention room for the Serbians who were suspected

14    of committing any crimes were -- was moved behind the Keraterm building.

15    But still, conditions there were the same as they were in the rooms where

16    the Muslims and Croatians were kept.

17            Kolundzija didn't notice anything unusual on the evening of the

18    24th, just as the many witnesses, inmates that the Defence will produce

19    will testify.  Others the Prosecutor will produce, will testify as to the

20    vague and unreliable acts of preparation, perhaps some that we will show

21    have resulted from the years of mutual -- without any disparagement,

22    recycling of the events, and perhaps with some motivation to aid in

23    Prosecution of this case.

24            As far as the night of the 24th of July, 1992 is concerned,

25    although it's not disputed that massacre took place on the shift where

Page 533

 1    Kolundzija had only de minimis authority to observe and report to the

 2    commanders, like on any other shift before, before any shooting occurred,

 3    he called the high-ranking police and military commanders to come in and

 4    restore order in the camp since the inmates began rioting.  Commanders

 5    arrived at the scene and after that moment, Kolundzija had no command

 6    authority at all.

 7            It is expected that the evidence from the both Prosecution and

 8    Defence will show that he personally took no part in shooting.  He was not

 9    in a position to control or stop the shooting from the arms which had been

10    brought in by the soldiers, control having been taken from him by an army

11    unit of much greater size and strength.  He tried to stop the shooting and

12    he tried to protect the detainees.

13            As far as the indirect participation is concerned, it is agreed

14    that the Prosecution -- with the Prosecution that criminal liability can

15    only be established if a conduct is coupled with intent and that intent

16    involves awareness of the act or participation coupled with a conscious

17    decision to participate by planning, instigating, ordering, committing or

18    otherwise aiding and abetting in the commission of crime.  That was

19    verbatim from the Tadic judgement.  And that the Prosecution must prove

20    that the accused contributed in some manner to the commission of the

21    illegal act, or that he must distinguish himself by having done certain

22    acts which are contrary to the alleged plan; and that is from the appeal

23    judgement on Tadic.

24            And we respectfully submit that Kolundzija has performed all those

25    acts at all times without discrimination to those that he knew and those

Page 534

 1    that he didn't.  As a matter of fact, he helped many more of those that he

 2    didn't know because he was quite a secluded man before the war.  He didn't

 3    know too many people, but whoever came and asked for his assistance, the

 4    assistance was never refused.  Not even a single family member ever had

 5    been turned back when the food was brought in by the families.

 6            Kolundzija has been going around town picking up the food from the

 7    families of the detainees and bringing it to the centre.  Kolundzija has

 8    taken detainees without knowing who they were, at the times there was no

 9    electricity in town, to the neighbouring well, and there would be 10 to 15

10    prisoners going, and sometimes it would be him or sometimes only one of

11    the other guards taking all these people to get some cold water in the

12    scorching heat of July.

13            The guards, most of them reside in the neighbourhood.  Discipline

14    was not a discipline the way the military discipline was because they were

15    a reserve police unit and they all went home to eat, most of them never

16    reporting to the shift leaders, and therefore the food that was brought to

17    the inmates at the same time - the food which was brought by the military

18    by the way - was brought to the guards.

19            Kolundzija on his own has asked the room leaders from all the

20    rooms to find out who are the weak and underaged of the inmates and had

21    given them that food to eat.  No man who ever wanted to harm the prisoners

22    would be giving the food, his food, because he didn't eat their food.  He

23    never went home to eat, so he took it away from his mouth to give it to

24    the detainees.

25            On two occasions, he had taken prisoners home to change, to see

Page 535

 1    the families, all without asking any permission from anybody else, risking

 2    his position as a man who would be subjected to torture or who would be

 3    sent to the front line, to the most dangerous task and perhaps lose his

 4    life.  Those thoughts were not present in his head.  He did what he could

 5    to help, to help everybody, not just a few.  He would allow inmates to use

 6    the phone to call home, and he would even discourage some of those whom he

 7    knew because he was not going to play favourites.  And you will have

 8    witnesses who were inmates there whom Kole said, "No, you can't call

 9    today.  Let somebody else call."

10            There is no evidence that Kolundzija acted in any part of any

11    common agreement with the local political leaders to commit offences as a

12    part of either policy, if it allegedly existed.  There was no evidence

13    that Kole was -- as a shift leader, was a high or even an official rank

14    giving superior authority with a power to punish guards so that he could

15    give a signal of official tolerance to beating of -- or acts of

16    persecution.

17            While this seems a little strange here, but I think to explain any

18    function we have to look into the practices of the society that existed at

19    that time, and there is no meaning or word could be taken and directly

20    translated.  And the police at that time was considered to be from --

21    after years of worker self-management that was practised in Yugoslavia --

22    was supposed to be like a working unit, like a unit from a -- some

23    government company, where 10 or 15 workers would have their leader, and

24    that leader couldn't punish them, couldn't discipline them, he could only

25    report to the higher ups who had all those authorities.

Page 536

 1            Kole had a lot of respect for -- from his fellow guards because

 2    Kole, even when he was ordered to become shift leader, though unwillingly,

 3    accepted it because he knew that he could protect a lot more than by not

 4    accepting it and going away.  There were those that he knew whom he became

 5    accustomed, shared their suffering, and he couldn't leave.  He continued

 6    to help.

 7            There was never -- you will not hear in evidence ever that Kole

 8    called anybody out who was loaded on the trucks and later the remains of

 9    those were found.  You will hear the evidence that Kole once was asked to

10    find a few volunteers and he refused it and asked for a written order, and

11    volunteers were not taken from his shift.

12            Prosecutor is suggesting that on one night, Kole called somebody

13    out, but our evidence is going to show that the only night when Kole went

14    to a Room 2 was - and only once - to call out a prisoner who was brought

15    and spent only one night and who is today alive and well and is alderman

16    in the city of Prijedor.  Prior to the conflict, he was the Captain in the

17    Yugoslav army and became a military leader of the city of Kozarac.

18            But Kole was nudged by his fellow guards.  He went over there

19    while all room, all detainees had "Cirkin, Cirkin, that's Kole.  You can

20    trust him.  You can go out."  And Kole went to talk because him and his

21    guards never being in military action in Kozarac wanted to find out,

22    curiosity what had happened.  Mr. Cirkin, being a captain and a lawyer, a

23    smart man that he is, careful, didn't come out.  But in the morning, he

24    did come out and the man who made him a cup of coffee was Dragan

25    Kolundzija.

Page 537

 1            The Defence denies that Kolundzija committed any crime.  Any

 2    suggestion that he could have left his post had he been unwilling to

 3    continue at the camp shall be refuted that he was not a volunteer who

 4    could have withdrawn from his position while being an unranked guard or

 5    shift leader.  He was a compulsory enlisted national serviceman assigned

 6    to the reserve police who had every reason to believe that had he deserted

 7    that post, he would be locked up and beaten to death in the camp just as

 8    it befell another Serb called Jovo Radocaj who was deemed to have been

 9    cooperating with the extremist Muslims or sent to the warfront to certain

10    death, as I said earlier, or the most dangerous task possible.

11            Furthermore, he could be of more help with reducing the suffering

12    of detainees, many of whom, as I said, were his friends and he stayed.  He

13    stayed to help them.  There is expected to be evidence from many, from

14    Prosecution, that he was a good shift leader.

15            Having stated the like of actus reus and mens rea still most

16    importantly the Prosecution must prove beyond reasonable doubt that

17    Kolundzija was directly or indirectly a knowing and willing participant in

18    the offences set out in the indictment.  We respectfully submit that the

19    Prosecutor will fall short in meeting his burden of proof on all elements

20    of the crimes that he is charged.  Since the evidence will turn out as

21    stated, then Dragan Kolundzija would be entitled to the acquittal at the

22    end of the Prosecutor case in chief.  Thank you, Your Honours.

23            JUDGE ROBINSON:  Thank you, Mr. Vucicevic.

24            I turn now to deal with a number of matters prior to the taking of

25    evidence.  The first is that there is a schedule which should have been

Page 538

 1    distributed.  Have you received it, with the dates?

 2            MR. RYNEVELD:  If this is the schedule that was produced some

 3    weeks ago, yes, we do have that.

 4            JUDGE ROBINSON:  No, there is a more up-to-date --

 5            MR. RYNEVELD:  We have a scheduling order with a list of when the

 6    courts will be sitting, et cetera, et cetera, but that was at least ten

 7    days ago.  I haven't received anything further, to my knowledge.

 8            JUDGE ROBINSON:  I think it has been revised.  I'll see that it is

 9    distributed.  But for the immediate time, it is necessary for me to say

10    that the Chamber will not be sitting on Friday, the 23rd of March, there

11    being a diplomatic reception, nor will the Chamber sit on the 30th of

12    March, Friday the 30th of March.  So the first two Fridays the Chamber

13    will not sit.  I will see to it that this is distributed, the most

14    up-to-date schedule immediately after we adjourn today.

15            MR. RYNEVELD:  Thank you, Your Honour.

16            JUDGE ROBINSON:  Secondly, there is a motion from Mr. Vucicevic to

17    be allowed to use the language of the witness, B/C/S.  I am to say that

18    there is no need for such a motion, since the Rules permit this.

19            Next, the question of transcripts.  There is a motion from the

20    Prosecution to admit transcripts in respect of six witnesses.  The

21    practice that has developed in the Tribunal, and which we intend to adopt,

22    is to have the Prosecution distribute the whole transcript, marking the

23    relevant areas so that we know what are the areas which are identified as

24    relevant.  We would need three copies in English and two in French, and

25    the Prosecution will have two weeks to accomplish that.

Page 539

 1            I observe that there is no response from Sikirica on this

 2    particular matter.  You may want to give some thought to that if indeed

 3    you intend to make a response.

 4            In respect of the witness Vulliamy, the motion to have access to

 5    his notes, tapes, and so on, that will be dealt with at the same time that

 6    we deal with the transcripts, the admissibility of the transcripts.

 7            Now, the Prosecution is to complete its case by June 1st.  That's

 8    in a period of ten weeks, and we will sit longer hours if that is

 9    necessary.  This, of course, requires the cooperation of all parties, the

10    Prosecution and the Defence, to ensure that the necessary discipline and

11    rigor is applied to the case, confining questions to relevant areas.

12            I see the Prosecution has submitted 14 witnesses for the first two

13    weeks, and I think that's a very good aim.  We only need to see that it is

14    accomplished.  The 58 includes the six transcripts?

15            MR. RYNEVELD:  It does, Your Honour.

16            JUDGE ROBINSON:  It does.

17            You will keep under review, as we go along, as will the Chamber,

18    the whole question of relying on Rule 92 bis and, where necessary,

19    avoiding viva voce evidence.  Those are the matters I wanted to raise

20    before we turn to the question that I raised before in respect of which

21    we'll have submissions from both parties.

22                          [Trial Chamber confers]

23            JUDGE ROBINSON:  Mr. Greaves, yes, since you indicated you were

24    going to do an oral motion, we'll start with you.

25            MR. GREAVES:  I'm grateful.  You were -- can I first of all start

Page 540

 1    by addressing you on what is the law of this Tribunal in relation to this

 2    particular topic.

 3            Your Honour, a perusal of the Rules will reveal that there is --

 4    the Rules of Procedure and Evidence will reveal that there is no specific

 5    rule which deals specifically and authoritatively with this issue.  That

 6    being so, I respectfully submit that Your Honours have to fall back on

 7    four provisions in order to see what is the basis for admitting or

 8    excluding the kind of evidence that I anticipate the Prosecutor will seek

 9    to adduce.

10            Those four provisions are Articles 20 and 21 of the Statute and

11    Rules 89 and 95 of the Rules of Procedure and Evidence.  I'm sure Your

12    Honours will forgive me if I briefly remind you of the text of those Rules

13    and the relevant parts thereof.

14            Article 20, subparagraph 1, "The Trial Chamber shall ensure that a

15    trial is fair," and that's an article which is headed, "Commencement and

16    Conduct of Trial Proceedings."

17            Article 21 headed rights of the accused subparagraph 2, "In the

18    determination of charges against him, the accused shall be entitled to a

19    fair and public hearing."

20            Rule 89 is in section 3 of the Rules, Rules of Evidence, and it's

21    headed, "General Provisions".  And the first four paragraphs A to D are,

22    we submit, relevant to this issue.  Paragraph A, "A Chamber shall apply

23    the rules of evidence set forth in this section and shall not be bound by

24    national rules of evidence."

25            Subparagraph B, "In cases not otherwise provided for in this

Page 541

 1    section, a Chamber shall apply Rules of Evidence which will best favour a

 2    fair determination of the matter before it and are consonant with the

 3    spirit of the Statute and the general principles of law."

 4            Subparagraph C, "A Chamber may admit any relevant evidence which

 5    it deems to have probative value."   D, "A Chamber may exclude evidence if

 6    its probative value is substantially outweighed by the need to ensure a

 7    fair trial."

 8            And finally, Rule 95, is headed "Exclusion of Certain Evidence."

 9    It reads, "No evidence shall be admissible if obtained by methods which

10    cast substantial doubt on its reliability or if its admission is

11    antithetical to, and would seriously damage, the integrity of the

12    proceedings."

13            There has -- and I'm recalling this off the top of my head, there

14    has been one particular instance where the issue has been referred to in a

15    judgement of the Tribunal.  That was in the first case before the Tribunal

16    involving the Prosecutor versus Tadic.  My recollection is that in the

17    judgement, there was a brief reference to in-court identifications which

18    were admitted but to which, and I think the phrase used was, "very little

19    weight as attached."

20            Your Honour, we submit that the process of conducting an in-court

21    identification is one which is inherently unfair, both generally and in

22    the particular context of this Tribunal.  What is the nature of the

23    process?  In most legal systems, if one is to judge by that which one sees

24    on television, seem to have a separate area where accused persons are

25    detained for the purposes of a trial.  The accused sits either in a dock,

Page 542

 1    for example, as it's known in the English system, or at a separate table.

 2    Almost always, he is flanked, he or she is flanked by uniformed court

 3    officers or police officers or guards.

 4            For an astute and alert witness, it is never going to be terribly

 5    difficult for that person to pick out where in the courtroom an accused

 6    person is sitting.

 7            I'll come to the specific example of this court layout in a

 8    moment.

 9            There are some particular issues which affect this Tribunal in our

10    submission.  The first is this:  As part of the process of investigating,

11    detaining and trying suspects and accused, there is a widespread

12    dissemination, both in the world and in particular in the former

13    Yugoslavia, of images of either arrested or wanted persons.

14            There are wanted posters disseminated all over the country.  And

15    if I may be forgiven for a moment for giving evidence before you, I've

16    certainly been in Bijelina and Brcko and have seen such posters in some

17    places.  There is broadcast of court proceedings - and again I've been

18    staying in hotels where Bosnian television has had quite substantial

19    sections of proceedings before the Tribunal being broadcast, and I think

20    there is in fact a weekly programme which is a digest of what has happened

21    recently before the Tribunal.

22            And I have no doubt that, for example, given the importance of

23    today's -- this case, there will be some coverage in the former Yugoslavia

24    of today's proceedings before you.

25            There are sites on the Internet which have on them images of

Page 543

 1    accused and wanted people.  They are readily accessible by anybody with a

 2    modicum of expertise in searching the Internet.

 3            I turn now to the physical layout of this courtroom.

 4            The witness of course sits here.  Looking around this room, Your

 5    Honours will notice that there are remarkably few people who aren't in

 6    fact either uniformed or robed, either in the robes of the international

 7    Tribunal or the robes of the bar of the Netherlands or robes of their

 8    national jurisdictions.  And of course, my learned friend, Mr. Ryneveld

 9    and his colleagues sit there.  They are obviously not going to be accused

10    people.  There is a line of very obviously lawyerish looking people here,

11    also wearing robes, with the exception of our interpreter but she, of

12    course, is a woman.  There are members of the registry all wearing robes

13    of the Kingdom of the Netherlands and then there are Your Honours who are

14    obviously dressed somewhat differently from the rest of us.  There are

15    four people at present sitting behind the Prosecutor.  One is a lady

16    obviously doing court reporting, and three gentlemen at the far side.

17    There is a guard just to my immediate left, and then behind us there we

18    have the accused, each flanked by a guard in blue uniform.

19            We submit that a witness who comes and sits in this court is not

20    going to find it very difficult to see where it is the accused, whether

21    they be one in number or three in number, are sitting, and it's not going

22    to be terribly difficult for him to have a try at picking out who he's

23    been invited to pick out.

24            So given all those people, we say that the process is one which is

25    inherently unfair.

Page 544

 1            In one case in which I was involved, that process was made even

 2    more unfair when the learned Presiding Judge in the Tribunal started to

 3    come in in the mornings and actually tell the witnesses where the accused

 4    were sitting in the court and would point him out, and so the unfairness

 5    of it became compounded.

 6            The next thing we submit is this:  That in this proceeding -- in

 7    the procedure of identifying an accused or a suspect, there are available

 8    to the Prosecution - indeed to the Defence if they want to do it - much

 9    more satisfactory and much fairer means of conducting identifications.

10    Three come to mind but it's not an exhaustive list:  the identification

11    parade, the photo spread or photo board, or identification by a series of

12    video images being presented to an accused.

13            Each of those, provided they are conducted in a reasonably

14    disciplined and well-structured way, is inherently fairer than the

15    procedure which my learned friend will propose to Your Honours as being

16    appropriate.  They are available and easy to carry out and there is no

17    reason, we submit, why they shouldn't be carried out with any witness if

18    the Prosecution so chooses.

19            At the very least, the Prosecution ought to exhaust those means

20    first in order to establish what the position is as regards any particular

21    witness.

22            What I'd like very, very briefly to do, Your Honour -- and I do

23    this not in order to suggest to Your Honours that the English system is

24    the best and one that you should adopt automatically, I'm not doing it for

25    that purpose at all.  I'm doing it simply to give you an idea of how the

Page 545

 1    law in England developed and why, because my submission is that it's now

 2    developed to an extent where a reasonably sensible and well-accepted

 3    procedure exists.  In the 1970s there were a number of troubling cases

 4    which came before the Court of Appeal involving identification evidence,

 5    and there was one particular notorious case involving a man who is now a

 6    government minister who was on trial for robbery and where the issue of

 7    identification evidence became important.  And it was in that way that the

 8    matter came before the public for more general discussion.  The upshot of

 9    it was that a considerable amount of Court of Appeal activity then took

10    place in order to give guidance both to the courts and to practitioners

11    and to the police as to the fairest and best means of conducting

12    identification procedures and admitting identification evidence before the

13    court.

14            One of the consequences of that procedure -- of that development

15    was that the Attorney General announced that prosecutors instructed by him

16    would no longer seek to identify in court for the first time an accused or

17    a suspect.  The past 25 years have seen considerable development in

18    relation to the law of identification for criminal cases.  The present

19    position is that there now exists an extensive code of practice, code of

20    conduct for identification procedures.  It's set out in all the up-to-date

21    textbooks for practitioners, the most obvious of which comes to mind is

22    one called Archibald, which I know is in the library here to consult it.

23            THE INTERPRETER:  Would counsel slow down, please?

24            MR. GREAVES:  Sorry.  That code of conduct provides, as I say,

25    strict rules of procedure.  The consequences of failing to follow properly

Page 546

 1    the procedure, if the failure to follow is a substantial one, is that the

 2    evidence is almost always excluded, but it depends on each individual

 3    case.  Observance of the rules is not rigid.  There is certainly one

 4    decided case where the police were having difficulties assembling enough

 5    people from the public to conduct an identification parade so what they

 6    did was put a video in a corridor of a police station which had a large

 7    number of people passing and repassing along it and at one stage allowed

 8    the defendant to come along that corridor.  The video was then shown to

 9    the witnesses and the Court of Appeal decided that that was not an unfair

10    procedure and was therefore admissible.

11            I understand that in the former Yugoslavia there certainly is some

12    form of identification parade procedure.  It may well be that either my

13    learned friend Mr. Londrovic or Mr. Petrovic could assist Your Honours if

14    you wanted information about that system.

15            Your Honours, in conclusion what we submit is this:  Of course

16    such evidence may satisfy the test of relevance.  The issue of identity is

17    plainly relevant in this case.  But we say this:  The evidence is not

18    probative of really terribly much given the particular physical

19    constraints that I've pointed out and the circumstances to which I have

20    adverted.  At best it demonstrates the ability of someone to pick out a

21    fish in a barrel.  Even if it is probative, we would respectfully submit,

22    that it would be appropriate to apply Rule 89(d) and Rule 95 and say that

23    this evidence is really not particularly reliable and it is sufficiently

24    unreliable that it ought not to be admitted.  And secondly, that given the

25    very nature of the exercise that is conducted and to which I have pointed

Page 547

 1    out, it is inherently unfair and therefore falls foul of those provisions

 2    to which I have alluded, Articles 20 and 21 and Article 89(a).

 3            Those are my submissions.

 4            JUDGE MAY:  Mr. Greaves, your submission then is that there should

 5    be no dock identification?

 6            MR. GREAVES:  Your Honour has it in one.

 7            JUDGE MAY:  There is a distinction, is there not, between the case

 8    in which a witness identifies somebody after what's often called a

 9    fleeting glance?

10            MR. GREAVES:  Yes.

11            JUDGE MAY:  Classically the case of a mugging in a street in which

12    the whole thing happens within a few seconds and the accused is gone -- or

13    the perpetrator is gone.  It is particularly those cases which are the

14    causes of concern, as I think you'll agree.

15            Now, there is a distinction between that sort of case and the case

16    where the witness knows the accused, has known him over a long time, and a

17    case, which may be the case here, I don't know, in which the accused says,

18    "Well, I was in this camp for three months, I got to know X or Y."  And

19    then it's simply a question of recognition rather than identification.

20            MR. GREAVES:  Yes.

21            JUDGE MAY:  Now, the circumstances may vary.  Any of these

22    circumstances may apply to this case, but isn't it a case really where the

23    Trial Chamber are going to have to look at what it is which is sought to

24    be proved rather than making a blanket order?  That is, having to look at

25    each case to see what the Prosecution are asking us to do, rather than to

Page 548

 1    make a blanket order at the very beginning which may be unfair on them?

 2            MR. GREAVES:  I think there are two points, if I may say so.  The

 3    first is this:  The problem of widespread dissemination of images of the

 4    accused - and indeed I see today that yet further photographs are being

 5    taken of him on two occasions today in the court.  That is the real danger

 6    is that someone may see an image on a television or some other place and

 7    is simply recognising a picture that he's seen of the accused who is

 8    identified to him on the television as Sikirica.  That's the danger.  And

 9    he may do it unconsciously.  He may simply see the picture, listen to the

10    news broadcast out of interest, not realising the importance of what he is

11    doing and unconsciously pick the man out as a result of that.  That's the

12    difference.

13            The second point is this:  Of course, there are cases of

14    recognition or cases of fleeting glances, and those are important.  One of

15    the factors that we have to consider here, and it is relevant in our

16    submission, is this is not a case which is appearing before the courts six

17    months after the events which are being described.  We are talking about a

18    case which is coming before you after nearly nine years.

19            JUDGE ROBINSON:  Those are matters that would affect the weight to

20    be given to the evidence.  We would have to assess matters like that.

21            MR. GREAVES:  Of course, but it also goes part and parcel of what

22    I call particular issues affecting this Tribunal, and I perhaps should

23    have adverted to that as well earlier on.  If one takes all those factors

24    together, then the process begins to look, in our submission, inherently

25    unfair and potentially unfair on each occasion, we submit.

Page 549

 1            JUDGE ROBINSON:  Thank you.

 2            MR. GREAVES:  Do any other of Your Honours have any questions that

 3    I could answer?

 4            JUDGE ROBINSON:  No, no more questions.  Mr. Ryneveld?

 5            MR. RYNEVELD:  Thank you, Your Honours.  At the outset it appears

 6    that the issues raised by Judge May with my learned friend actually

 7    outline exactly the proposal that I had in terms of a response to my

 8    learned friend's submission.

 9            I have here that there is the issue of recognition witnesses

10    versus identification witnesses.  And that each case, we would

11    respectfully submit, turns on its own unique and individual facts for each

12    witness.  There are a number of witnesses, as will become obvious from the

13    summaries that will be provided, who knew the accused or some of them,

14    before the conflict, knew them intimately, and of course, for those

15    witnesses, the issue of recognition would be straightforward but for the

16    passage of some nine years.

17            My friend's issue about the unfairness of perhaps witnesses having

18    seen images on the media can of course be dealt with properly by

19    appropriate examination in chief and cross-examination about what the

20    witness had seen, all of which the court can take into consideration in

21    making the determination as to whether or not the witness is in fact

22    recalling who they saw back in 1992 or whether it's -- their memory has

23    been refreshed by other images later.

24            Another issue my friend has raised of course is the structure of

25    this courtroom and that there are only -- that the only persons not

Page 550

 1    somehow robed or somehow in uniform are the accused at the back of the

 2    courtroom.  This is different again of course, and this is a very minor

 3    point but it isn't a single accused.  There are three different accused

 4    and it may well be that witnesses may confuse one with the other so there

 5    is the additional factor of three different people, not just one person.

 6    That is a very minor issue but it's a point.

 7            His lordship Judge May raised the issue of not a fleeting

 8    glimpse.  That's exactly my point in this case, that most of these

 9    witnesses you will hear were in the camp over a two month or more period

10    and met these people on rotating shifts.  Every 12 hours these people

11    appeared, time and time and time again.  Some of them knew them before the

12    conflict.  Some of them knew them during the conflict.  Some of them were

13    identified by the accused as, "I'm so and so."  Others heard, you will

14    find, hearsay evidence from others who did know them who said, "That's so

15    and so."  That is hearsay for the person.  However, over a period of time,

16    if you have someone introduced to you, the inherent difficulty is that the

17    introduction is wrong.

18            But nevertheless, if you are with that person, you can identify

19    who that person is, at least in terms of the name that you had that person

20    introduced to you as.  So what I'm saying there is it's not a fleeting

21    glimpse.  Over a period of time they will recognise the individual and be

22    able to pick out, perhaps, which individual that they were dealing with.

23    They may be wrong about the name to be ascertained, but at least the image

24    would stand out in their recollection over that period of time.

25            As I say, our view is, with the greatest of respect, that it's a

Page 551

 1    matter of weight for each individual, and not a matter of admissibility,

 2    per se.  The witnesses I anticipate will describe the individuals that

 3    they recall to the best of their recollection.  Many of the descriptions

 4    they gave were given in statements, which the Defence counsel have, many

 5    years ago, closer to the time and the event.  They often were asked, when

 6    they gave their original statements, to give a general description of what

 7    the person looked like.

 8            Finally, this procedure that I'm familiar with has been used

 9    before other Trial Chambers at this Tribunal in the Foca cases, both the

10    Kunarac, et al. and Krnojelac that is presently going on.  Evidence of

11    in-court identification has been admitted.  The issue of weight, of

12    course, has depended on each individual instance.  In the Kunarac

13    decision, I do recall that there was some counts that were dismissed

14    because the court indicated that they placed very little probative weight

15    on certain in-court identifications, but there were other witnesses who

16    were able to testify as to how long they had seen the person over a period

17    of time.  It's all a matter of weight.

18            Accordingly, our submission is that we be allowed to deal with

19    each of the witnesses, elicit the basis for their knowledge for

20    identification and be allowed to indicate if they are recognition

21    witnesses or otherwise.  Again, it's a matter of weight for this Court to

22    place on.  Those are my submissions.

23            JUDGE ROBINSON:  So all your witnesses would fall into the

24    category of persons who knew the accused before, it's a question of

25    recognition or, in any event, they would have spent a period of about two

Page 552

 1    months in the camp.

 2            MR. RYNEVELD:  Yes, Your Honour.

 3            JUDGE ROBINSON:  With the opportunity to have observed him.

 4            MR. RYNEVELD:  Yes.  With those people who didn't know them before

 5    the war, there is the additional difficulty that they may have been told

 6    the name of the individual and the person who told them could have been

 7    wrong about the name.  But nevertheless, they will be able to identify

 8    what person they are talking about because they've seen them and seen them

 9    committing certain acts that they will testify to.

10            JUDGE ROBINSON:  But your point really is that each witness should

11    be dealt with individually and we should approach it on a separate basis?

12            MR. RYNEVELD:  That is our submission on behalf of the

13    Prosecution, yes, Your Honour.

14            JUDGE ROBINSON:  Thank you.  Any reply, Mr. Greaves?

15            MR. GREAVES:  There's only one issue.  My learned friend hasn't

16    dealt with this issue which is one of the other more satisfactory, what I

17    submit are more satisfactory methods of conducting identification.  I

18    think the simplest here is the photo board.  Why those are not

19    appropriate, why the short circuit method of identifying someone in the,

20    what we submit, is the unsatisfactory conditions of court is the first

21    option, the option of choice, rather than the more satisfactory one of the

22    photo board which is one which we are familiar with here.

23            JUDGE ROBINSON:  Thank you.

24                          [Trial Chamber confers]

25            JUDGE ROBINSON:  In order to maximize our time, the Chamber will

Page 553

 1    not rule on the matter now.  We'll proceed to hear the first witness, but

 2    we'll stop short when we come to the question of identification.

 3            MR. RYNEVELD:  If I may, Your Honour, before we call the first

 4    witness who would propose to be K3, there is one other issue that has to

 5    be dealt with before the witness is called into the courtroom.

 6            As you know, there are applications or there have been successful

 7    applications for protected measures and many of the witnesses have been

 8    given pseudonyms.  It has come to my attention that it was anticipated

 9    that with the pseudonym comes the obvious protected measure that there

10    would be facial distortion for these witnesses, otherwise a pseudonym

11    makes no sense.  However, looking at some of the documentation that may

12    have been taken for some of the earlier witnesses, it wasn't specified

13    that the Prosecution was seeking the protected measure of the distortion

14    of the face.  I'm not asking for voice distortions.  We're asking that

15    with the pseudonym come obviously a distortion of the image for the

16    television screen, otherwise it would make no sense to simply have a

17    pseudonym issued.

18            We would ask this Court to orally, at this point, permit us to

19    have facial distortion for the television screen to further protect the

20    witness' identity.

21            JUDGE ROBINSON:  Is that for all the witnesses in respect for whom

22    you are seeking protection?

23            MR. RYNEVELD:  The witnesses whom have been granted the

24    pseudonyms.  There are, I believe, only three that have been granted

25    closed session proceedings.  I'm talking about the others.

Page 554

 1            There are a number of witnesses for whom there are no protected

 2    measures but, unfortunately, in some of the -- there were a matter of

 3    about three or four different phases of requests for protected measures

 4    and some of the latter ones I believe that we did ask for facial

 5    distortion, but in some of the earlier ones, that was not requested.  I

 6    take it my learned friends would have no objection to facial distortion

 7    since it makes no sense to give a pseudonym without protecting the witness

 8    in that case.

 9            I understand that a facial distortion takes no time with the AV

10    people.  Voice distortion does actually run into some time.  They have to

11    take a voice image for each particular witness, and that takes about 10 to

12    15 minutes.

13            JUDGE ROBINSON:  What I'm not clear about is when the protection

14    was granted and the pseudonym was granted, are you saying that it wasn't

15    specified whether it would be in respect of facial distortion or not?

16            MR. RYNEVELD:  It wasn't specified in the request.  The Court

17    granted the request that was put, but the request didn't specify that with

18    the pseudonym, we were also asking for facial distortion.

19            JUDGE ROBINSON:  So you are now making that request?

20            MR. RYNEVELD:  I am now making that request, because that's the

21    only request that makes sense.

22            JUDGE ROBINSON:  I think you would have to make it in respect of

23    each witness as the witness comes.

24            MR. RYNEVELD:  That's correct.  Yes, please.

25                          [Trial Chamber confers]

Page 555

 1            JUDGE ROBINSON:  Any objections?

 2            MR. PETROVIC:  [Interpretation] Your Honours, I would like to

 3    comment on what my learned friend says.  As I look at the list of

 4    witnesses which we received, we shall be having 23 witnesses.  Only 7 of

 5    them have not asked for pseudonym.

 6            I do not object in principle but, as you have just said, why do we

 7    not do it from case to case, that is to hear individual explanations for

 8    the application for protective measures because evidently the majority of

 9    testimony shall be heard under some protective measures, that will turn

10    this into its own contradiction, that is, it seems that hearing will cease

11    to be public.

12            Excessive resorts to protective measures, I'm afraid, compromises

13    the principle of public hearing.  So therefore, we do not object in

14    principle to a more restrictive approach.  We should like to hear, in each

15    individual case, why protective measures are sought.

16            Therefore, we do not object in principle, but we do object to the

17    application of such matters on a large scale, that only 7 of the 23 have

18    not sought to testify under protection.  Thank you.

19            JUDGE ROBINSON:  Mr. Petrovic is right in one respect.  The

20    Chamber never intended to make a global grant.  It will be -- each case

21    will be considered on its own merits, and the Prosecution will have to

22    make a case for it.

23            Mr. Ryneveld.

24            MR. RYNEVELD:  Yes, just for clarification purposes, the witnesses

25    that I understand are affected by this, because this -- we do have actual

Page 556

 1    protective measures for some of the later applications.  There is only

 2    four affected that we did not, that's K3, the first witness, K4, K6, and

 3    K13.  So there are four for whom we do not have specific rulings because

 4    they were done some time ago.

 5            JUDGE ROBINSON:  And your first witness is --

 6            MR. RYNEVELD:  K3.  So the very first witness we require -- we are

 7    making an application for facial distortion.

 8            JUDGE ROBINSON:  Yes.  On what grounds?

 9            MR. RYNEVELD:  In order to adequately respond to that, I wonder

10    whether we should go into closed session.

11            JUDGE ROBINSON:  Yes, closed session.

12                          [Closed session]

13    [redacted]

14    [redacted]

15    [redacted]

16    [redacted]

17    [redacted]

18    [redacted]

19    [redacted]

20    [redacted]

21    [redacted]

22    [redacted]

23    [redacted]

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 8   [redacted]

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10   [redacted]

11   [redacted]

12   [redacted]

13   [redacted]

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15   [redacted]

16   [redacted]

17   [redacted]

18   [redacted]

19   [redacted]

20   [redacted]

21   [redacted]

22                          [The witness entered court]

23                          [Open session]

24            JUDGE ROBINSON:  Let the witness make the declaration.

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

Page 561

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

 2                          WITNESS:   WITNESS A

 3                          [Witness answered through interpreter]

 4            MR. RYNEVELD: Mr. Registrar, could you show that to the witness,

 5    please?  Thank you, Your Honour.  The Prosecution --

 6            JUDGE ROBINSON:  We are in private [sic] session.

 7                          Examined by Mr. Ryneveld:

 8            MR. RYNEVELD:

 9       Q.   Would you show the piece of paper in your hand to the witness,

10    please?  First of all, witness, do you see your name on that document?

11       A.   I do.

12       Q.   And is that your birthday immediately behind your name?

13       A.   It is.

14       Q.   Just so that you know, you will now be referred to in these

15    proceedings as Witness A.  Do you understand that, sir?

16       A.   I do, yes.

17            MR. RYNEVELD:  Might that document be marked as an exhibit in

18    these proceedings?

19            THE REGISTRAR:  Prosecution Exhibit 1.

20            MR. RYNEVELD:  Thank you.

21       Q.   Now, Witness A, I understand that you were born and raised in

22    Prijedor.  Is that correct?

23       A.   It is.

24       Q.   And I understand, witness, that you attended school there and you

25    graduated from school in about 1971.  Is that also correct?

Page 562

 1       A.   It is.

 2            THE INTERPRETER:  Could the witness please come closer to the

 3    microphone?

 4            MR. RYNEVELD:  Could you just sit a little closer to the

 5    microphones so the translators can hear your voice, witness?  Just move

 6    the chair up.  Speak into those microphones, if you would, please.

 7       A.   I will, yes.

 8       Q.   Now, witness, I understand as well that during 1972 and 1973, you

 9    spent about 15 months in the army as a driver, and then after you left the

10    army, you became employed in Prijedor as a merchant.  Is that also

11    correct?

12       A.   Yes, it is correct.

13       Q.   And you worked for the same company, sir, until an event that

14    occurred on the 29th of May of 1992, when your wife came to the store

15    where you were working and told you something.  Do you remember that

16    incident?

17       A.   I do, yes.

18       Q.   What happened that day, sir, that changed events for you?

19       A.   That day, my wife worked for Patrija, and my shop was not far from

20    Patrija.  We did not have a telephone.  So that my wife came around 4.00

21    in the afternoon and she said, "Come quickly, turn over the business,

22    count the money, lock the shop.  We have just heard that Hambarine would

23    be shelled."

24            JUDGE ROBINSON:  Mr. Ryneveld, may I just bring to the attention

25    of the Defence counsel that one of the virtues of the witness summary is

Page 563

 1    that it allows the other counsel to look at it and to indicate whether it

 2    objects to leading in respect of any particular paragraphs, and we proceed

 3    more expeditiously that way.  So you can proceed but I just want to bring

 4    that to the attention of counsel on the other side, that you indicate in

 5    the future if you have objections to what paragraphs you wish counsel not

 6    to lead on.

 7            MR. RYNEVELD:  Thank you.  So I take it the invitation is that I

 8    lead until my learned friends perhaps -- well, I appreciate myself that

 9    there will be certain areas where I simply won't lead but unless my

10    friends object, I will assume that --

11            MR. GREAVES:  I don't think that was Your Honour's invitation at

12    all.  I have not discussed this particular summary with my learned friend

13    and I don't want him to assume on this occasion that he can lead

14    willy-nilly.

15            JUDGE ROBINSON:  No.

16            MR. RYNEVELD:  Thank you.

17       Q.   Well, sir, I understand that -- as a result of what your wife

18    said, did you go back to work?

19       A.   No.

20       Q.   Did something happen two days later?

21       A.   Two days later, while I was at home, I was arrested together with

22    my brother.  They shoved us on to a bus and took us to Omarska.  When we

23    arrived in Omarska, when we fetched up in front of the gate, the policeman

24    said that there was no more room in Omarska, said, "Give us four men to

25    slaughter them and take this vehicle wherever you like."  But nobody got

Page 564

 1    off the bus.  We then turned back and went to Keraterm.

 2       Q.   All right.  That sort of is a very broad summary of what

 3    occurred.  I'm going to ask you to back up a little bit and fill in some

 4    details, if you would.  And perhaps I can address your mind to the areas

 5    that I'm interested in.  Now, while you were on the 31st of May, is that

 6    the date that you indicate that soldiers came to your house?

 7       A.   Yes.  It was around 4.00 in the afternoon.  Around 1.00, I had

 8    been called by a friend of mine, Dragan Babic and told me to put up a

 9    white flag on my house, and all the members of the family should put on

10    white arm bands.

11       Q.   And what was that for?

12       A.   Well, as if to show our loyalty to our town, to Prijedor.

13       Q.   I see.  Were you -- did you know what was about to happen when you

14    received that phone call, in terms of the things that eventually did

15    happen?  Were you told what to expect?

16       A.   All he said was that some troops would come by, and of course I

17    couldn't even imagine, I couldn't even make a guess as to what might

18    happen.

19       Q.   All right.  Well, did troops actually come to your house in

20    Prijedor?

21       A.   Yes.

22       Q.   And how is it that you and your brother were arrested?  What

23    happened?

24       A.   We were having lunch, and I jokingly told my brother, "Well, help

25    yourself, well, it just could be of use," even though of course I had no

Page 565

 1    idea as to what might happen.  All of a sudden I heard a bang on the door

 2    and a voice shouting, "All males outside with your hands up."  And this is

 3    what we did.

 4       Q.   And did you find out where that voice was coming from?  Were there

 5    people, soldiers there?

 6       A.   They were soldiers wearing camouflage uniforms and, as I came

 7    through the passage, I raised my hands.  My mother was standing in the

 8    courtyard and crying and saying, "Where are you taking these children?"

 9    And a soldier came up to my mother, hugged her and said, "Don't worry,

10    they will just be questioned and will be back home in no time at all."

11       Q.   All right.  The soldiers, were they armed?  Did they have

12    weapons?

13       A.   They all had automatic rifles.

14       Q.   Now, sir, did you recognise any of the individuals who were

15    involved in your arrest, the arrest of you and your brother?

16       A.   I knew some of those men.

17       Q.   And did you know the ethnicity of the men who were involved in

18    your arrest?

19       A.   They were of Serb ethnicity.

20       Q.   Can you recall any of the names of the individuals who you then

21    recognised?

22       A.   There was Dragan Skoric.  Cigo, the taxi driver from Omarska.

23    There was Tica.  There was Uzelac, Branko Uzelac.  There was -- there were

24    many.  They were many.

25       Q.   All right.  Now, you refer to a taxi driver.  Did you see any of

Page 566

 1    these taxi drivers -- sorry?

 2       A.   That was --

 3            JUDGE ROBINSON:  Would you repeat your answer, Witness A?

 4       A.   I saw a number of men.  I saw Dragan Skoric.  I saw Uzelac.  I saw

 5    Celica.  I saw Cigo from Omarska, a taxi driver there.  I saw Tica from

 6    Omarska.  I saw a man in a black uniform whose name was Joja.  They were

 7    many.

 8       Q.   Did you see any of the individuals who were involved in the arrest

 9    later on?  You've told us that you eventually went to Keraterm.  Did you

10    see any of those individuals in Keraterm?

11       A.   Of them, the only one I saw was the man in black uniform, who had

12    bandoliers over his chest and everybody called him Joja.  He arrived in

13    Keraterm two days later.  He went into the dormitory, put down his

14    weapons, and asked, "Is there anyone from a village near Bosanski Novi?"

15    And the name of the village was -- just a moment.  The name of the village

16    escapes me.  Maybe it will come back to me.

17       Q.   That's fine, sir.

18       A.   But two men answered, two men responded.

19       Q.   All right.  While you were being arrested, could you hear any

20    military sounds in the distance?

21       A.   Yes.  I heard something like tank grenades.  It is above my house,

22    about 150 to 200 metres above my house.

23       Q.   And did you find out what caused -- or what resulted from those

24    sounds of the tank grenades that you heard?

25       A.   The result of these shells were that they hit a house with about

Page 567

 1    eight to nine people in it.  They were all killed.  And the hodza was

 2    allowed to bury them.  From what I heard after I came out of the camp,

 3    that hodza took photographs of it all and he supposedly has pictures of

 4    the crime.

 5       Q.   Just so that I'm clear, sir, when you talk about a hodza is that a

 6    Muslim priest?

 7       A.   Yes.

 8       Q.   I see.  All right.  Now, sir, you've told us about you and your

 9    brother being arrested at your home.

10       A.   Yes.

11       Q.   How were you in fact dealt with once you were arrested by the

12    soldiers?  What happened to you?

13       A.   They told us to put our hands behind our heads, to put our heads

14    down, and to walk towards buses that were parked there.  When we reached

15    the buses, the driver was already in his seat and there was a soldier.  He

16    took our rings, our change that we had, money, cigarettes, everything that

17    we had in our pockets.

18       Q.   And what happened after that, sir, after all your possessions were

19    taken away from you?

20       A.   After that, he would not allow us to take seats in the bus so we

21    had to sit on the floor.  And the man in the black uniform, whose name was

22    Joja then boarded the bus and asked us why we were sitting on the floor of

23    the bus, why weren't we sitting in the seats?  And we answered that it was

24    that soldier who had ordered us to sit like that.  Then (redacted)

25    [phoen] whom I know very well, [redacted], who also came on board

Page 568

 1    the bus and took out 200 marks.  When the man in the black uniform saw him

 2    robbing us, he hit him forcefully, he gave this money back to Muhamed and

 3    the rest of the money he took as evidence and put in the boot of a parked

 4    Mercedes and he took a driver and that guy, the soldier, put them in the

 5    Mercedes and told them to drive to the barracks.

 6       Q.   All right.  Now, sir, while you were put on the bus, were you

 7    personally beaten?

 8       A.   I personally was not, but I saw it with my own eyes how they

 9    ill-treated and beat my neighbour, Hasan.

10       Q.   Now, so just so that I've got it clear, you and your brother and

11    about how many other men are on these buses at this point, at -- in

12    Prijedor near your home at Donja Puharska?

13       A.   There were about 50 or maybe 60 of us in that bus.

14       Q.   How many buses were there?

15       A.   As far as I could see, there were six of them.  Not all the buses

16    were parked in the same place.  My bus, that is there were two of them,

17    and they were at the cross roads in Donja Puharska, and the buses were

18    parked by the mosque and there was a third group of buses in Orlakica Soka

19    [phoen].

20       Q.   Now, the buses that you and your brother got on, those were parked

21    close to your house, is that right?

22       A.   Yes.

23       Q.   Well, the buses took off, I understand, sir, and I understand that

24    you were brought to Omarska, and as you did that, you passed through the

25    village of Kozarac.  Is that correct?

Page 569

 1       A.   It is correct, yes.

 2       Q.   On your way through Kozarac on the 31st of May on the way to

 3    Omarska, what, if anything, did you see?

 4       A.   I saw many killed people, killed livestock, cows, horses, and I

 5    even saw something that I shall never forget, that I shall never forget, a

 6    man who was placed -- killed a man who was placed as a scarecrow next to

 7    the -- by the road.  There were many killed people.  The houses were still

 8    burning.  They were still smoking.  There were houses which were intact

 9    but those were the houses that belonged to Serbs.

10       Q.   You eventually arrived at Omarska; is that correct?

11       A.   Yes.

12       Q.   I believe you told us early in your summary that you arrived at

13    Omarska and you were told that there was no room at that camp for you and

14    that that policeman said something to the driver; what was that?

15       A.   Yes.  He said to the driver, "Give me four to slaughter them and

16    the rest of them take them where you like."

17       Q.   Well, what happened to your bus --

18            JUDGE ROBINSON:  Mr. Ryneveld, I'm sorry to interrupt you.  We

19    will, with the indulgence of the interpreters, continue up to 4.15.

20            MR. RYNEVELD:  Thank you.

21       Q.   You left Omarska and you took -- you went somewhere and I'm going

22    to lead here.  I understand you eventually ended up at Keraterm; is that

23    correct?

24       A.   Yes.

25       Q.   And when your bus arrived at Keraterm, sir, where did you -- where

Page 570

 1    do you arrive?  Was there a location at Keraterm?

 2       A.   Yes.  We entered the Keraterm compound and when we arrived, the

 3    order came to get off, stand by the wall, face the wall, and put your

 4    hands against the wall and spread your legs, spread your feet.  I did

 5    that, and a soldier then came up and hit me on the head, cursed me, and

 6    said, "How do you hold your hands?" And I said, "Well, against the wall,

 7    as you said."  He said, "No, only with three fingers."

 8       Q.   And I may have missed it, but did you say he did something to you

 9    when you did it with five fingers?

10            MR. VUCICEVIC:  Your Honours, at this moment, I would like to

11    object, this is asked and answered.  The first time I passed it because

12    when there were invitation for a slaughter of some civilians, but this is

13    second time that he is asking witness to repeat previous testimony.

14            JUDGE ROBINSON:  I understood him to be seeking a clarification as

15    to testimony that had been given by the witness.

16            Yes, Mr. Ryneveld.

17            MR. RYNEVELD:  Thank you.

18       Q.   Do you understand my question, sir.  You told us you got

19    instructions about using three fingers instead of five fingers.  In

20    addition to getting instructions, did anything else happen to you?

21       A.   Yes.  When I had put my hands against the wall, not knowing that I

22    should do it with three fingers, I had my whole palms of my hand against

23    the wall, and he hit me on the back of my head and said, "How are your

24    hands three fingers?  That was the order, three fingers only."

25       Q.   Now, sir, when you arrived at Keraterm, are you able to recall

Page 571

 1    whether you then knew any of the people that were at Keraterm when you

 2    arrived?

 3       A.   Yes.  Yes, I did.

 4       Q.   Can you tell us, sir, who, if anyone, that you may have

 5    recognised?

 6       A.   I knew Tomica, Dragan, Kole, Civerica, brothers Banovic and a

 7    number of others.

 8       Q.   So those people were there upon your arrival; is that correct,

 9    sir?

10       A.   Yes.

11       Q.   About what time of the day was that?

12       A.   It was around half past 5.00 or 6.00 in the afternoon.

13       Q.   After you were told to lean against the wall, did anything else

14    happen with respect to you and the other prisoners in terms of any

15    documents you may have had on you?

16       A.   As we were leaning with our hands against the wall, they searched

17    us and everything, our ID cards, and driver's licences, and passports, all

18    these were taken and destroyed.

19       Q.   What happened to you after you were searched and had your

20    documents taken away?

21       A.   Then we were told to enter a room with a very narrow door and, as

22    we were going in, there was a soldier next to the door and struck each one

23    of us with his rifle on the back.  But I was lucky, I passed through very

24    quickly so that I missed the blow.

25       Q.   Do you remember the room number you were placed in?

Page 572

 1       A.   Room 2.

 2       Q.   Did you stay in Room 2 during your entire stay in Keraterm?

 3       A.   No.

 4       Q.   Where did you go after some time?

 5       A.   I moved to Room 1.  All those who were taken for interrogation

 6    from Room 2, after the interrogation, they would be taken to Room 1.

 7       Q.   Your brother, [redacted], was he also with you in Room 2 at first?

 8       A.   He was, yes.  We were all.  All of us who arrived in Keraterm, we

 9    were all in Room 2.  We were the first to be arrested.

10       Q.   Now, sir, this Room 2, do you remember approximately how large

11    that room was?

12       A.   Well, it was larger than any other room in Keraterm.  Later on

13    there were between 550 to 580 people in it.

14       Q.   If you were to describe for this Court the approximate size of

15    that room in terms of say this courtroom, would it be bigger than this

16    courtroom?  If so, how many times bigger?  If smaller, how much smaller?

17    Can you look around this courtroom and give the Court some idea of the

18    size of Room 2?

19       A.   Yes, of course.  From that corner to the middle, and it could have

20    been some 15 metres long.  And on the side where I was the first time,

21    there were iron bars and one could see parts of some vehicles or some

22    machines, that is, they were wrecks or something or shelves and those

23    parts were on those shelves.

24       Q.   The length of the room, if you were sitting where you were now and

25    you are looking towards where Their Honours are, you've told us that it

Page 573

 1    was about 15 metres wide.  The distance between you and the Judges, are

 2    you able to give us an estimate of how long that is or ...

 3       A.   Not 15 metres wide.  Long, I think, 15 metres long.  It was like

 4    entering a tunnel.  You could not see the far corner, but it was narrow.

 5    It could have been 6 to 8 metres wide.

 6       Q.   6 to 8 metres wide and in terms of the total size of this

 7    courtroom, would you say that the total area was bigger or smaller or

 8    about the same as this courtroom.  Are you able to say?

 9       A.   Well, perhaps it was slightly, slightly larger.  Slightly.

10       Q.   All right.  When you were moved to Room 1, that would be -- was

11    that as large as Room 2?

12       A.   No, it was smaller.

13       Q.   Are you able to give the Court an assessment in terms of the size

14    of, again, this courtroom, how large Room 1 was in comparison to this

15    courtroom you are now sitting in?

16       A.   What I can say is that it was about 12 times 4 metres, 4 wide.  So

17    three pallets could fit in and they were 1.1, metre and a half, and three

18    of these wooden pallets could fit.

19       Q.   Let me rephrase my question slightly.  I understand you've told us

20    in terms of pallets and metres.  In terms of the size of this courtroom,

21    would Room 1 be larger than, smaller than or about the same as this

22    courtroom?

23       A.   Well, about this courtroom, perhaps slightly narrower, perhaps

24    slightly narrower.

25            JUDGE ROBINSON:  Mr. Ryneveld, we'll have to get some information

Page 574

 1    on the size of this courtroom.

 2            MR. RYNEVELD:  Absolutely.  I just thought I -- I'm not done with

 3    the witness and other witnesses will, in fact, be providing some

 4    sketches.

 5       Q.   How long were you in Room 2 before you went to Room 1?

 6       A.   In Room 2, I was there some 11 or 12 days.

 7       Q.   Sir, while you were at Keraterm, do you know how many shifts there

 8    were?

 9       A.   There were three shifts.

10       Q.   Do you know if and when they changed and, if so, at what time?

11       A.   I do know.  In the morning, from 6.00 in the morning until 6.00 in

12    the afternoon.

13       Q.   And do you know the order of the shifts?

14       A.   Well, I wouldn't really know the order, but I should say it was

15    Fustar's shift first, then Kole's shift, and then Kajin's shift.

16       Q.   Do you remember who any of the guards were on those respective

17    shifts, for example, do you know who was on Kole's shift?

18       A.   I know Batan.  He was Kole's deputy.  I know him.  And then Dugi,

19    I couldn't give you any other names because whoever had a uniform could

20    enter the compound.

21       Q.   Let's talk about Room 1 something further.  When you were in Room

22    1 after 11 or 12 days in Room 2, can you tell us how many men would be

23    housed in Room 1?

24       A.   In that room there were about 30 to 40 men when I came there, but

25    a much larger number of men had been interrogated, because some people

Page 575

 1    allegedly went home.  And all of a sudden, an order came that nobody was

 2    to move anywhere and then some of those same people were caught again and

 3    brought back to the camp.

 4            JUDGE ROBINSON:  Mr. Ryneveld, will you find a convenient time.

 5            MR. RYNEVELD:  Thank you, Your Honour.  Do you want to stop now or

 6    just finish, perhaps, paragraph 9 and stop at that point?

 7            JUDGE ROBINSON:  Have you started paragraph 9?

 8            MR. RYNEVELD:  I have -- I was about to, yes, I sort of have.

 9            JUDGE ROBINSON:  Well, I think we have done 15 minutes with the

10    indulgence of the interpreters, and we shouldn't trespass further.

11            MR. RYNEVELD:  I'll continue with paragraph 9 tomorrow.

12            JUDGE ROBINSON:  Very well.  We'll take the adjournment now

13    until --

14            MR. GREAVES:  Just with Your Honours' indulgence, I raised at a

15    Status Conference the issue of communication by counsel with the witness

16    after the oath has been taken and evidence has begun.  I don't think we

17    have arrived at a definitive position.  May we know what Your Honours

18    would wish us to do?  I would urge that there be no communication save

19    with the leave of the Court after the oath has been taken.

20            JUDGE ROBINSON:  Yes, that's the procedure.  Witness A, you are

21    not to speak to anybody about your evidence, and that includes the counsel

22    for the Prosecution.  Thank you.

23            We adjourn, 9.30 tomorrow.

24                          --- Whereupon the hearing adjourned

25                          at 4.15 p.m., to be reconvened on Tuesday

Page 576

 1                          the 20th day of March, 2001, at 9.30 a.m.