1 Friday, 26 April 2002

2 [Open session]

3 [The witness entered court]

4 [The accused entered court]

5 --- Upon commencing at 9.34 a.m.

6 JUDGE MAY: I'm sorry you've been kept waiting. There was a

7 apparently some problem about the transport from the Detention Unit. Now,

8 would you like to take the solemn declaration. If you'd like to stand to

9 do it.

10 WITNESS: AFERDITA HAJRIZI

11 [Witness answered through interpreter]

12 THE WITNESS: [Interpretation] I solemnly declare that I will speak

13 the truth, the whole truth, and nothing but the truth.

14 JUDGE MAY: If you'd like to take a seat.

15 Yes, Mr. Saxon.

16 MR. SAXON: Thank you, Your Honour.

17 Examined by Mr. Saxon:

18 Q. Madam, is your name Aferdita Hajrizi?

19 A. Yes.

20 Q. Were you born on the 29th of June, 1964?

21 A. Yes.

22 Q. Were you born in the village of Peran, in the municipality of

23 Podujevo, in Kosovo?

24 A. Yes. Now it's called Besiana municipality.

25 Q. Ms. Hajrizi, on the 3rd of June, 1999, did you provide a statement

1 to representatives of the Office of the Prosecutor about events that you

2 witnessed and experienced in Kosovo?

3 A. Yes.

4 Q. And on the 20th of August, 2001, did you provide an additional

5 statement to representatives of the Office of the Prosecutor about events

6 that you witnessed and experienced in Kosovo?

7 A. Yes.

8 Q. On the 31st of January of this year, 2002, in the town of

9 Mitrovica in Kosovo, were you provided with a copy of the statement that

10 you made on the 3rd of June, 1999, in the presence of representatives of

11 the Office of the Prosecutor and a presiding officer appointed by the

12 Registrar of this Tribunal?

13 A. Yes.

14 Q. Did you confirm at that time that the copy of the statement that

15 you had made on 3 June 1999 was true and correct?

16 A. Yes.

17 Q. And on the 9th of March of this year, in the town of Mitrovica,

18 Kosovo, were you provided with a copy of the statement that you made on

19 the 20th of August, 2001, in the presence of representatives of the Office

20 of the Prosecutor and a presiding officer appointed by the Registrar of

21 this Tribunal?

22 A. Yes, I was.

23 Q. And on that day, did you confirm that the copy of the statement

24 that you made on the 20th of August, 2001 was true and correct?

25 A. Yes, I did.

1 MR. SAXON: Your Honour, I would now like to tender these two

2 statements into evidence under Rule 92 bis.

3 THE REGISTRAR: This will be Exhibit 115, Your Honours.

4 MR. SAXON: Your Honours, Aferdita Hajrizi grew up in the town of

5 Mitrovica in Kosovo and received a degree in Albanian language and

6 literature from Pristina University. Her late husband, Agim Hajrizi, was

7 an activist on behalf of the rights of Kosovo Albanians and was the

8 chairman of the Independent Kosovo Trade Union Assembly.

9 Ms. Hajrizi's statements describe the harassment and threats

10 directed at her family by Serb officials prior to the commencement of the

11 international armed conflict in 1999. Ms. Hajrizi also describes the

12 events of the evening of 24 March 1999, when Serb police broke into her

13 family's home and shot to death her husband, Agim; her oldest son Ilir,

14 who was then 11 years old; and her mother-in-law.

15 During the next few days, Ms. Hajrizi and her surviving children

16 hid in the Tavnik neighbourhood of Mitrovica until Serb forces began to

17 burn homes and expel Kosovo Albanians from that neighbourhood on the 28th

18 of March, 1999. Ms. Hajrizi and her family then joined a column of people

19 and fled to the village of Zhabar.

20 After three days in the village of Zhabar, Serb forces forced the

21 Kosovo Albanians in that village to return to the town of Mitrovica.

22 After several days in the town of Mitrovica, Ms. Hajrizi and her relatives

23 boarded buses that Serb authorities had arranged to transport Kosovo

24 Albanians to Montenegro.

25 Thank you.

1 JUDGE MAY: Mr. Milosevic, have you any questions for this

2 witness?

3 THE ACCUSED: [Interpretation] Yes.

4 Cross-examined by Mr. Milosevic:

5 Q. [Interpretation] Mrs. Hajrizi, in view of this immense tragic loss

6 that befell you, I shall restrict my questions to very few. The most

7 necessary ones only, really.

8 In your statement, on page 3, in paragraphs 3 and 4, you say --

9 actually, I'm just going to read out a small section.

10 "It took me about ten minutes to reach the meeting point." This

11 took place after this tragic event. You went to -- well, you say,

12 anyway: "It took me about 10 minutes to reach the meeting point. The

13 Serb soldiers did not harm me, but sometimes I had to wait and hide to let

14 them pass."

15 This is already your feeling, but the core of the matter is: "The

16 Serb soldiers did not harm me."

17 In the next paragraph, you speak about your brother who came to

18 pick you up in his taxi, and towards the end of this paragraph, you say:

19 "About ten metres away --" this is approximately the distance between you

20 and me now. "About ten metres away, there were some policemen, but they

21 did not harm us."

22 So the soldiers and the policemen, according to your own

23 description, behaved normally. None of them did you any harm. And

24 according to the description of events that you gave - because it's

25 tragic; you lost your son, your husband, your mother-in-law - is it clear

1 that this was done by criminals, that this was not done by any military or

2 police unit?

3 A. Your first question is not clear to me. Can you please repeat

4 it? And then I will answer about the other question, about taking -- me

5 taking ten minutes. I'm not clear what you want to get -- where you want

6 to get at.

7 Q. That is not important. I was quoting the text of your statement.

8 I can skip that sentence altogether. That's the way the paragraph starts,

9 so I read it in order to identify the paragraph.

10 The point is, "The Serb soldiers did not harm me." That is what

11 it says in the third paragraph. And in the fourth paragraph, it says:

12 "About ten metres away, there were some policemen, but they did not harm

13 us."

14 So here you speak both about soldiers and about policemen who did

15 not harm you at all. Bearing that in mind, since I assume --

16 JUDGE MAY: Yes, Mr. Saxon.

17 MR. SAXON: Just to be sure that this is clear for the witness,

18 Mr. Milosevic is referring to the witness's second statement from --

19 JUDGE MAY: Yes. Yes. Let's try and deal with it this way so

20 that the witness can follow. Just one moment.

21 What is being suggested, as I understand it, is this: Is that the

22 soldiers and police did not harm you when you were leaving the scene. Is

23 that right?

24 THE WITNESS: [Interpretation] What the accused is saying, that is

25 utopia. The fact that we were harassed and attacked in our own home, as

1 innocent citizens we were, the fact that a child, only 11-year-old, an old

2 woman, 65 years old, who had done nobody any harm and was not responsible

3 for what happened in Kosova, for the genocide perpetrated against our

4 people, that shows that Serb police did not come there to save us, to

5 spare us.

6 JUDGE MAY: Let me interrupt. The point that is made, whether you

7 agree with it or not, is that in the statement, it says that they didn't

8 harm you. This was after the murders which had taken place. And what is

9 suggested to you - and perhaps this is the point of the question - is that

10 this was not a police or a military unit which committed the murders.

11 What is being said and suggested is that it was criminals of some sort who

12 did it.

13 Now, can you identify those who were responsible for the murders?

14 Can you say who they were?

15 THE WITNESS: [Interpretation] Yes. In my full responsibility, I

16 can identify the perpetrators, because ten minutes before the crime was

17 committed, my husband recognised them very well, because we saw in front

18 of our door two black vehicles parked, and we saw six offspring of

19 Milosevic inside the cars. Two were at the wheel and six others came out

20 in the yard. My husband recognised four of them: Nenad Pavicevic, our

21 neighbour, next-door neighbour, then Dejan, Boban, and Ratko Antonijevic.

22 These four people my husband recognised, whereas the two others he did

23 not. Two of them I know very well. As to Dejan and Ratko, I don't know

24 them, even if I happened to see them today.

25 JUDGE MAY: You mentioned four people: Pavicevic, Dejan, and Boban

1 [sic]. What were those people? What did they do?

2 THE WITNESS: [Interpretation] Pavicevic was the son of Dragica.

3 He was a fatherless son, someone I used to know as of 1979, when he was a

4 young boy. I knew them very well because I lived in that neighbourhood

5 and in that house for 15 years in succession. And I know pretty well who

6 they were and what mentality they had because we were neighbours and they

7 passed by us and didn't greet us.

8 JUDGE MAY: Can you help us with this: What was their

9 occupation?

10 THE WITNESS: [Interpretation] His mother was a saleswoman. She

11 worked in a store in Mitrovica. The mother of Pavicevic, Dragica, was a

12 saleswoman, whereas Nenad was a student in the high school. After

13 graduation from the high school, all those Serbs who couldn't find a job

14 and who didn't have anything better to do, then they were recruited in the

15 Serb police, with the sole destination of committing crimes against the

16 innocent Albanian people, and he was -- Nenad Pavicevic was one of them.

17 JUDGE MAY: And the others that you've mentioned, what were they?

18 THE WITNESS: [Interpretation] The other, Boban, I didn't know him

19 very well until my husband showed me who he was. Lately - that is, in the

20 last two, three years - he was engaged in criminal activity. Boban was a

21 right-hand of Nenad. I have seen with my own eyes, in the middle of the

22 marketplace, they were maltreating Albanians, imprisoning them. They were

23 always active in such activities. Even the young children in Mitrovica

24 know Nenad and Boban. As I said, I didn't know him personally as well as

25 I did Nenad, who was my neighbour, but seeing what they did every day to

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1 the Albanians -- I saw from my own balcony them bringing out of the car,

2 seeing things they looted from Albanians and bringing them home, to

3 Nenad's home.

4 JUDGE MAY: Yes. Thank you.

5 Yes, Mr. Milosevic.

6 THE ACCUSED: [Interpretation] I wish to have the facts clarified.

7 In her statement, the witness described the events concerned.

8 MR. MILOSEVIC: [Interpretation]

9 Q. Did I understand this correctly: What you described, the murder,

10 the murder in your house, according to what you have been saying yourself,

11 this was carried out by your neighbours. Is that right or is it not

12 right?

13 A. Yes. My neighbour, together with seven other criminals. They

14 were accomplices, under the orders of the accused. I think they acted on

15 orders coming from their superiors.

16 Q. All right. We are not going into that now, what the opinion may

17 be. I wish to establish the facts.

18 You confirmed that this was committed by your neighbours along

19 with a few other criminals, as you have been saying. That is obviously

20 what I asked you. And I asked you whether you are aware of the fact that

21 this was not done by any police or military unit but that it was done by

22 criminals.

23 JUDGE MAY: The witness has answered the question.

24 THE ACCUSED: [Interpretation] All right.

25 MR. MILOSEVIC: [Interpretation]

1 Q. In your statement, in your statement when you mention the -- when

2 you mention a police unit or an army unit, you mention them later in the

3 street and in the contacts you had with your brother. You say that

4 neither the soldiers nor the policemen did you any harm. Is that right or

5 is that not right?

6 JUDGE MAY: We've been through this too.

7 THE WITNESS: [Interpretation] Please, Your Honours. If I may.

8 Nenad Pavicevic was a policeman at that time when the crime was committed

9 in my very home. The accused cannot say that the police have not done

10 such things because this was done in cooperation with the Serb police and

11 other criminals who subscribed to that crime. It's not true that the

12 police have not done it. Nenad and Dejan, both of them were policemen.

13 MR. MILOSEVIC: [Interpretation]

14 Q. Mrs. Hajrizi, do you perhaps know that both the police and the

15 army, during this 78-day war, had orders and carried out their orders to

16 arrest people who committed such crimes, including --

17 JUDGE MAY: This is not for the witness. She is describing what

18 she saw and heard.

19 THE ACCUSED: [Interpretation] All right. Now I have to ask her

20 about things that I have received by way of information.

21 MR. MILOSEVIC: [Interpretation]

22 Q. I'm asking you this because in the report that I received from my

23 associates, it says that policemen -- the policemen that you mentioned as

24 responsible for the murders were at Gazivode on that day to meet the

25 family of their killed colleague Marash at the border with Montenegro, and

1 it says in that report that a great many of them were there, headed by

2 their commander. Are you sure when you claim that it is precisely these

3 people that you mentioned were at the same time in your house?

4 A. Your informers must have been very weak. They have sent you very

5 inaccurate information. I am 100 per cent sure that those people were

6 there in my home. I can prove this with what I saw. I saw in front of my

7 house Nenad Pavicevic, whom I know for 20 years, and his friend Boban.

8 And I keep saying that I saw Dejan and Ratko Antonijevic, whom I never

9 know and don't know even today.

10 So I'm still saying that you have wrong information. I can prove

11 it also with the other fact that I was in the attic in my own home with my

12 two surviving children, and I very clearly heard the voice of my

13 mother-in-law telling him, "Nenad, how can you kill my son?"

14 You can ask me whether they were masked. I can tell you very well

15 that these people standing in front of my home, those six policemen, were

16 not masked. They had black berets, and I could see their face very

17 distinctly. We could identify all of them because the road was lit that

18 night.

19 Your informers have told you where my house is located. It is

20 located in the centre of the town. Across our house, there are some

21 stores and they were very well lit that night. And from where I stood in

22 the window, I could see very well who they were. So I'm reiterating that

23 you have wrong information.

24 Q. I was just seeking for an answer to my question, and I have

25 received it.

1 Now, were you present on the following day when the investigating

2 judge by the name of Vesna Ristic, a lady, went out to the scene of the

3 crime and conducted an investigation with respect to the killing? From

4 the information that I received yesterday, it says here that the

5 investigating judge, Vesna Ristic, went out to the crime scene. She was

6 accompanied by an Albanian doctor. And it also says that this man

7 Pavicevic went out too.

8 JUDGE MAY: Let the witness deal with this first of all.

9 Were you present when the investigating judge came to the house?

10 THE WITNESS: [Interpretation] No.

11 JUDGE MAY: Yes. Next question. She wasn't present, so she can't

12 help with that.

13 THE ACCUSED: [Interpretation] All right.

14 MR. MILOSEVIC: [Interpretation]

15 Q. Now, do you know that afterwards, during the investigation, a

16 large number of casings were found, 7.62 calibre, produced by China, and

17 two 5.65 casings from these pistols? Did anybody give you a report that

18 was written by the investigating judge?

19 A. When were the -- where were these weapons found, Accused?

20 JUDGE MAY: Just deal with the questions, please. We'll get on

21 more quickly. Did you get the report or any report from any investigating

22 judge?

23 THE WITNESS: [Interpretation] No, never.

24 JUDGE MAY: Yes. Next question, Mr. Milosevic.

25 MR. MILOSEVIC: [Interpretation]

1 Q. Do you know that this incident was reported by your uncle, or

2 perhaps your husband's uncle, Pllana, to the president of the district

3 court? "M. Ivanovic" the name given here is. Is that how the crime was

4 reported, in fact?

5 A. You've erroneous information. Pllana is not my -- is the son of

6 my aunt, Skender Pllana, who on the next day -- he was -- donned a

7 uniform, and on the next day he put on another uniform. And as of 8.00 in

8 the morning, he kept patrolling in front of the door of our home when the

9 investigating judge came and asked for some relative of the family to go

10 inside and identify the corpses. That means to go inside for the third

11 time: The first time when the crime was committed; second time in the

12 middle of the night when Nenad Pavicevic entered and looted all the

13 valuable things he found in my home. He stole all the documents that you

14 needed, as your power needed. And the third time when he changed the

15 uniform and patrolled in the front of the door in the hope that I would

16 show up.

17 And when the judge asked, "Who is the closest relative to this

18 family who wishes to identify the bodies?" Skender Pllana showed up and

19 said, "I am the one." At that moment, Nenad Pavicevic responded, "Why are

20 you coming and pretending you are the closest relative? Where is Aferdita

21 and the two children? I want her to come here, because Agim Hajrizi has

22 also two other children, and we want to kill them too."

23 This is the truth, distinguished -- Your Honour.

24 Q. Well, I don't want to go into whether it was your uncle or the

25 uncle's son, but he was present during the investigation that was carried

1 out.

2 Now I have another question to ask you in that regard. This

3 investigation, is it conducted by the district court in Mitrovica today?

4 Is it an ongoing process? Are proceedings under way today?

5 A. Everything that the Mitrovica District Court did were mere

6 formality, because the judge of Mitrovica court was very well informed, as

7 the accused knows very well, that none of this happened by accident in my

8 home, and they merely came to carry out the formalities. Because they

9 knew very well who was going to be killed that night, who was going to be

10 killed. The two most distinguished activists of Mitrovica were killed.

11 They worked for the benefit of their people and for working people, and

12 they never did any harm to anybody. So the judge carried out the most

13 minimal formalities.

14 Q. I don't think you understood my question. I was asking you about

15 now. Are proceedings, legal proceedings, under way now in connection with

16 this murder, and are they being conducted in the district court in

17 Kosovska Mitrovica?

18 JUDGE MAY: Can you help us with that? Fairly briefly, please.

19 THE WITNESS: [Interpretation] I understood the question very well,

20 and I gave a very good answer to the first question.

21 JUDGE MAY: No. Just tell us: Do you know -- you may not know,

22 but do you know if there are investigations continuing or not?

23 THE WITNESS: [Interpretation] In August 2000, I was present at the

24 judgement of Lazar Gligorovski and Nenad Pavicevic, who was in absentia.

25 After two hours and a half of statement, I said, and I say again, that the

1 assassination that Gligorovski committed against my family, at which my

2 father-in-law and Agim were present, he tried to commit -- to murder us,

3 and the police came, after three hours, came to Lazar Gligorovski's house

4 and said to him clearly, "When did you use your gun? Why didn't you carry

5 out your duty?" I was present during that trial process in 2000, and I

6 was there, and according to the Swedish prosecutor who was present in the

7 trial, Lazar Gligorovski was declared innocent, whereas Nenad Pavicevic

8 was sentenced to 20 years of prison.

9 MR. MILOSEVIC: [Interpretation]

10 Q. That's why I asked you: Were legal proceedings undertaken at the

11 district court in Kosovska Mitrovica?

12 JUDGE ROBINSON: And have any other proceedings been undertaken in

13 respect of any of the other persons who were involved in this murder?

14 THE WITNESS: [Interpretation] No.

15 THE INTERPRETER: Microphone, please.

16 JUDGE MAY: They can't hear you. They can't hear you. Have you

17 got your microphone on?

18 THE ACCUSED: [Interpretation] Somebody switched it off. I hope

19 you can hear now. Can you hear me now? Yes.

20 MR. MILOSEVIC: [Interpretation]

21 Q. In the statement given on the 3rd of June, 1999, describing the

22 first day of the NATO bombing, you say that you took your family to a

23 shelter underneath the staircase that had been prepared previously. Now,

24 when did you prepare this shelter that you mention in your statement?

25 A. I didn't say that we went to a place of shelter. We stayed in our

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1 own home and we made a shelter under the steps of our house, under the

2 steps of the first floor. We didn't go anywhere. We were in our own

3 home.

4 Q. Well, I didn't say that you went anywhere. I was just reading

5 what you said in your own statement, and I read out the following

6 sentence: "I took my family to the shelter underneath the steps," or

7 stairway.

8 JUDGE MAY: What page are we dealing with, Mr. Milosevic?

9 THE ACCUSED: [Interpretation] In my version, it is on page 5,

10 paragraph 1; page 5, line 7. And it says: "I took my family to a shelter

11 underneath the staircase which we had prepared beforehand."

12 MR. MILOSEVIC: [Interpretation]

13 Q. My question was: When did you prepare this shelter that you

14 mentioned in your statement? And you mentioned it once again just now.

15 A. I will tell you what kind of shelter I had. My son, Ilir, took a

16 carpet from the room which we had spare and spread it out, because, as a

17 child, he was rather frightened and he thought that he would be safer

18 under the stairs. And it consisted of a few pieces of wood, which enabled

19 the children to go under the stairs of the first floor. That's the

20 shelter that I was talking about.

21 Q. I didn't understand you to be talking about that, because you

22 wrote "shelter" here.

23 Mrs. Hajrizi, you're an intellectual. Your husband was an

24 intellectual as well. Are you conscious of the fact of who pushed the

25 citizens of Kosovo into the war and into all these tragic events that

1 followed?

2 JUDGE MAY: No. This is not a matter for the witness. It's a

3 matter which this Trial Chamber is going to have to determine.

4 THE ACCUSED: [Interpretation] All right. Very well, Mr. May. I

5 have no further questions.

6 JUDGE MAY: Yes, Mr. Kay.

7 Questioned by Mr. Kay:

8 Q. If I can ask you some questions about one matter, and that

9 concerns Nenad Pavicevic. He was a neighbour of yours; is that right?

10 A. Yes.

11 Q. His mother lived in the house next door to your family; is that

12 right?

13 A. We were only separated by one wall.

14 Q. And his family had lived there for many years; is that right?

15 A. My husband's family came a hundred years ago, and they know very

16 well where they come from. They've been living for many years in ...

17 Q. Did the mother of Nenad Pavicevic not have friendly relations with

18 your family?

19 A. We never had bad relations or good relations.

20 Q. Did his mother throw rubbish and medicines into your family

21 compound?

22 A. No. Nenad's mother, no. But Dragica, Nenad's mother, taught her

23 5- or 6-year-old son, as my mother-in-law told me. I wasn't married at

24 this time. But this child threw medicines in the well in my yard, from

25 which well our family drank water.

1 Q. And was that Nenad Pavicevic?

2 A. Yes. Nenad Pavicevic, his mother.

3 Q. So from the ages of a small child, Nenad Pavicevic was causing

4 trouble to your family; is that right?

5 A. A person, to become a criminal and to commit crimes like he did,

6 he has to have a mother like this. Because we have a proverb: Where does

7 a child's education begin? A child's education begins 20 years before he

8 is born. To have a well-brought-up child, you have to have

9 well-brought-up parents, and this man comes from a family with natural

10 criminal tendencies. A mother with criminal tendencies brings forth a

11 child of this kind.

12 Q. So it would be right to say that Nenad Pavicevic, as a neighbour

13 to you, had bad relations with your family and caused your family

14 trouble?

15 A. I cannot -- may I continue? I can't say this. We never -- we

16 never interfered with their business and never provoked them in any way.

17 Beforehand, we had never had any family problems. This was the way they

18 were brought up. They didn't speak to their neighbours. They didn't

19 greet them. But we never had any conflict between our families.

20 MR. KAY: No further questions.

21 Re-examined by Mr. Saxon:

22 Q. Ms. Hajrizi, I have a few questions for you. I'd like you to

23 please try to keep your responses short, if you can, so we can move along

24 as efficiently as possible.

25 Just to clarify some points that Mr. Kay was making. Mr. Kay

1 asked you whether Nenad Pavicevic lived next door to your family, and your

2 response was yes, but I need you to clarify which family; the family home

3 that you shared with your husband and your children, or the family home

4 that your husband grew up in before he married out and where your

5 mother-in-law lived before she died?

6 A. Please, I didn't understand the question. If you could repeat

7 it.

8 Q. Mr. Kay asked you whether Nenad Pavicevic and his mother lived

9 next door to your family, and your response was yes. However --

10 A. Yes.

11 Q. -- when you describe -- when you say that Mr. Pavicevic and his

12 mother lived next door to your family, are you referring to the home that

13 you shared with your husband and your children, or are you referring to

14 your husband's -- the home of your husband's extended family and the home

15 that he grew up in?

16 A. I'm talking about the house in which my husband and I lived.

17 Q. All right. And you mentioned that Mr. Nenad Pavicevic, even as a

18 child, would throw inappropriate things into the family's well; is that

19 correct?

20 A. Yes.

21 Q. Or as Mr. Kay put it, he was causing trouble to your family,

22 right?

23 A. Yes.

24 Q. And then when this young man grew up and finished school, he was

25 then employed by the Serb police; is that right?

1 A. Yes.

2 Q. Let's talk a bit about the night when your husband, your son, and

3 your mother-in-law were killed. You mentioned that there was a man named

4 Boban there who was present with Nenad. Did the man that you knew as

5 Boban -- was he also a policeman?

6 A. Yes.

7 Q. And before the -- and before the killings occurred that evening,

8 did you also see the man that you knew as Boban standing outside your home

9 by the two cars?

10 A. Yes.

11 Q. In response to one of the questions that you were asked, you said

12 that the two most distinguished activists in Mitrovica were killed on that

13 night.

14 Now, your husband was killed just after the NATO bombing began; is

15 that right?

16 A. Yes.

17 Q. It was on the evening of the 24th of March or the early morning of

18 the 25th of March, 1999?

19 A. Yes.

20 Q. Besides your husband - and I'm going to come back to him in a

21 minute - who was the other distinguished activist in Mitrovica who was

22 killed that night?

23 A. The other Mitrovica activist who was killed on the same night was

24 the honoured teacher Latif Berisha, who at that time was chairman of the

25 Kosova Democratic League for the Mitrovica branch.

1 Q. And how far did Mr. Berisha live from your home?

2 A. I can say about -- it's in the same direction as our house but

3 divided by the river Ibar. He lived in the village of Suhodoll, not far

4 from the town of Mitrovica, rather, in the outskirts of the town.

5 Q. Can you give an estimate in hundreds of metres or in kilometres?

6 A. I wouldn't say no more than two kilometres.

7 Q. Before your husband, Agim Hajrizi, was killed that night, what was

8 his occupation?

9 A. My husband's profession was -- in 1985, he was employed by the

10 battery factory in Mitrovica as head of the computer department in this

11 factory. In 1989, all the Albanians were dismissed en masse from their

12 jobs. They were dismissed by the Serbian regime of the accused, the

13 Milosevic regime.

14 After 1989, hunger came. There was a very difficult social

15 situation in our city, because Mitrovica is an industrial city. It lives

16 from industry. But all the factories were closed and people had no way of

17 making a livelihood.

18 JUDGE MAY: Yes, Mr. Saxon. We need to move on.

19 MR. SAXON:

20 Q. Prior to the night he was killed, what was your husband doing for

21 a living? How did he spend his time? In 1998 and the first part of

22 1999.

23 A. In 1998/1999, my husband was at the head of the assembly of the

24 independent trade unions of Kosova. So in the service of the working

25 class and the poorer layers of the Albanian population.

1 Q. And my last question: Prior to the night he was killed, how many

2 times, approximately, had your husband been detained by Serb authorities?

3 A. There were any number of occasions. I wouldn't be able to count

4 them. Many, many times he was taken from his home. He was taken on the

5 street. He was beaten, mistreated, kept in prison for up to 18 hours. He

6 was mistreated in front of his own children. There was a particular case

7 in August 1998 when, together with my young son Arianiti, who at that time

8 was five years old, about one kilometre from home, four police vehicles

9 lead by Nenad Pavicevic stopped my husband. They arrested him and told

10 him to fetch -- to put his five-year-old child in the police car too. But

11 because he refused, my child was left in the middle of the road to the

12 mercy of fate.

13 My husband was arrested, and my terrified child returned home

14 alone and said to me, "Mommy, Nenad took Daddy." That is one case, but

15 there were many cases in which he was arrested and mistreated.

16 MR. SAXON: Thank you. I have no further questions.

17 JUDGE KWON: Mr. Saxon, I wonder if the Prosecution could present

18 the Court in due course the judgement referred to by Mrs. Hajrizi today as

19 having been entered against Nenad Pavicevic.

20 MR. SAXON: Yes. We will undertake to do that, Your Honour.

21 JUDGE KWON: I would appreciate it.

22 Questioned by the Court:

23 JUDGE MAY: Mrs. Hajrizi, help us with this if you would: Going

24 back to the night of the murders --

25 A. Yes, Your Honour.

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1 JUDGE MAY: -- you said that the lights in the street were on; is

2 that right?

3 A. Yes.

4 JUDGE MAY: And also, is it right that there were shops opposite

5 you which were still lit?

6 A. Quite correct, Your Honour.

7 JUDGE MAY: You said the men were not masked, and they had on

8 black berets.

9 A. Yes.

10 JUDGE MAY: Could you tell us if they were wearing uniform or not,

11 or what they were wearing.

12 A. Yes. They were uniformed.

13 JUDGE MAY: And what was the uniform?

14 A. The uniform was dark blue and camouflage patterned, with black

15 berets on their heads.

16 JUDGE MAY: Thank you. Thank you for coming to the International

17 Tribunal to give your evidence, Mrs. Hajrizi. You are free to go.

18 [The witness withdrew]

19 JUDGE MAY: Yes?

20 THE INTERPRETER: Microphone, please.

21 JUDGE MAY: We can't hear. Your microphone.

22 THE ACCUSED: [Interpretation] I'm interested in knowing what this

23 subsequent examination of the witness means on the part of the

24 Prosecution, an examination which has nothing to do with my

25 cross-examination. Does that mean that after my cross-examination, he is

1 continuing his examination-in-chief, which he does not wish to conduct

2 because of the specific treatment that these statements have?

3 JUDGE MAY: The rule is that the Prosecution have the right, as

4 always, of re-examination, and they're entitled to re-examine a witness

5 after your cross-examination. Your cross-examination was directed to

6 showing that those involved in the murders were criminals. The

7 re-examination was directed to showing that the husband of the witness who

8 was murdered had been an activist and that an activist was also murdered,

9 another activist was also murdered on the same night. That is relevant.

10 It will be a matter for us to consider in due course.

11 So the answer is that the Prosecution are entitled to re-examine

12 on matters arising out of cross-examination and can ask relevant questions

13 in relation to that.

14 [Trial Chamber confers]

15 JUDGE MAY: Yes. The next witness, please.

16 MR. RYNEVELD: Thank you, Your Honour. The Prosecution calls

17 Mehmet Aliu.

18 JUDGE MAY: I should say we'll sit until shortly after eleven.

19 We'll take one break and then go on until about 1.00.

20 MR. RYNEVELD: Thank you, Your Honour.

21 [The witness entered court]

22 MR. RYNEVELD: Your Honours, I don't know whether the brief

23 skeleton summary has been distributed.

24 JUDGE MAY: No. We will have it in due course.

25 Yes. Let the witness take the declaration.

1 WITNESS: MEHMET ALIU

2 [Witness answered through interpreter]

3 THE WITNESS: [Interpretation] I solemnly declare that I will speak

4 the truth, the whole truth, and nothing but the truth.

5 JUDGE MAY: If you'd like to take a seat.

6 MR. RYNEVELD: Thank you, Your Honour.

7 Examined by Mr. Ryneveld:

8 Q. Now, Mr. Aliu, do I understand correctly, sir, that you are, at

9 the moment, 56 years old?

10 A. Yes.

11 Q. And you are of the Muslim religion and of ethnic Albanian

12 background; is that correct?

13 A. Yes, that's correct.

14 Q. Sir, where do you live or where did you live in March of 1999?

15 A. I lived in Prishtina, in Kodra e Trimave neighbourhood.

16 Q. And is it -- are you married, sir?

17 A. Yes, I am.

18 Q. And how many children do you have?

19 A. I have six children of my own plus another adopted one.

20 Q. And what is your occupation, sir?

21 A. I am a construction worker.

22 Q. And do I understand, sir, you've been self-employed, owning your

23 own business for the last 20 years or so?

24 A. Yes.

25 Q. Now, sir, did there come a time when members of the Office of the

1 Prosecutor attended on you and took a statement from you on the 3rd of

2 July of 2001?

3 A. Yes.

4 Q. And were you subsequently shown a translation of that statement in

5 your language, the Albanian language --

6 A. Yes.

7 Q. -- on the 2nd of February, 2002?

8 A. Yes.

9 Q. In your statement you had also referred to some photographs and

10 other documents; is that right?

11 A. Yes, that's right.

12 Q. When you saw this translation of your statement, did you appear

13 before a Presiding Officer of this Court and swear that the contents of

14 your -- or solemnly declare that the contents of your statement were true

15 and accurate to the best of your knowledge and belief?

16 A. Yes.

17 MR. RYNEVELD: Might that statement, with attachments, be marked

18 as the next exhibit, please, Your Honours.

19 Q. Now, Witness, you say that you come from Kodra e Trimave. Now, is

20 that a village or is that an actual neighbourhood in Pristina?

21 A. It is a neighbourhood in Prishtina called Kodra e Trimave.

22 Q. So it is not a separate village on its own?

23 A. No, it is not.

24 Q. Now, you come originally from the Podujevo municipality, do you,

25 sir?

1 A. Yes, Hertica village, Podujevo municipality.

2 Q. And then you moved from Hertica to Pristina itself, in the

3 Pristina municipality?

4 A. Yes.

5 MR. RYNEVELD: I'm sorry, Your Honour. I may have moved too

6 quickly before we actually had an exhibit number assigned to the statement

7 with attachments.

8 THE REGISTRAR: Yes, Your Honour. It's Exhibit 116.

9 MR. RYNEVELD: Thank you.

10 Now, Your Honours, if it assists at all, Pristina can be found on

11 Exhibit 83, map 7, and it's very clear where that is. It's the big yellow

12 town. And Hertica is found on the same map, about halfway in the middle

13 of the map, down from number 3, at the top. So 3 and 10. Those would be

14 the coordinates. You see Hertica and Podujevo. If I may briefly outline,

15 for the benefit of the wider audience, the highlights of this witness's

16 statement. I propose to do that now.

17 I understand, Your Honours, that in the statement that has been

18 marked as the exhibit, the witness describes oppression of Albanians by

19 the Serbs during the decade of the 1990s, including the exclusion of

20 Albanians from schools. This led to home schools being set up, and one

21 such home school was set up in the witness's home. The Serb police tried

22 to close the school down on a number of occasions, and the witness

23 describes how he, the school teachers, and the pupils were harassed by the

24 Serb police, and refers to incidents when he was beaten. As a result of

25 these incidents, the witness sent his immediate family, save for his wife,

1 to Germany for safety.

2 The witness also will describe for you in the statement that he

3 joined the KLA in 1991 and that in the time immediately prior to the start

4 of the NATO bombing, he was in fact in the hills around Podujevo with the

5 KLA. He received information that Serb forces were expelling people from

6 villages and towns around Pristina, and then on or about the 25th of

7 March - now, this is a correction, I understand, from what is in the

8 statement. His statement refers to the 28th of March - the witness

9 returned to his home with nine other family members who were also

10 associated with the KLA.

11 Then I understand that on or about the 26th of March - not the

12 30th of March, as indicated in the statement - he saw Serb forces and

13 police expelling Albanian civilians from Pristina. The area around his

14 home and yard contained approximately 10.000 civilians from villages

15 around Pristina, and the witness was requested by these civilians to

16 assist in locating others who had been lost or killed or injured in and

17 around the surrounding area.

18 On the 28th of March, the witness saw Serb police pursuing

19 civilians and shooting at them, and he says that 12 to 13 civilians, at

20 least, to his knowledge, were shot dead. He describes how the police

21 rounded up the civilians in a meadow, where they were forced to lie down,

22 and they were later released and directed to go to the Pristina railway

23 station by the police.

24 He describes that the crowd of people in the witness's yard were

25 terrified by what they had seen, and some of them left, but about 300

1 remained. The Serbs forces surrounded the neighbourhood, and the witness

2 saw two men being killed by the police. The police then tried to force

3 entry to the witness's yard, and other KLA members, including the witness,

4 returned fire. Later that afternoon, two Serb tanks arrived and broke

5 down the front gate, causing the KLA to retreat. His house was completely

6 destroyed. That night the witness told the civilians to make their way to

7 the railway station.

8 My understanding is that the witness continued with his KLA

9 activities until the end of the war.

10 That is a very, very brief outline of this witness's evidence, to

11 put the potential cross-examination into context. Thank you, Your

12 Honours.

13 JUDGE MAY: Yes, Mr. Milosevic.

14 Cross-examined by Mr. Milosevic:

15 Q. [Interpretation] Your activities started, as you said, since your

16 education, since school.

17 A. Underground.

18 Q. You assert that Albanian children were expelled from schools.

19 A. Yes.

20 Q. Why do you assert that when you know that's not true?

21 A. How can you say that is not true?

22 Q. I can say it's not true because the facts speak otherwise. Do you

23 know that your politicians ordered children to get out of schools because

24 they did not want children to study according to programmes, curricula,

25 that applied to all children in Serbia? Do you know that?

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1 A. We know that in the 1990s, 1991, you started to change the

2 curricula and not give them in Albanian, but only teach them in Serbian.

3 It is true that our students didn't want to learn the Serb curricula. I

4 can base it on my own arguments and on arguments provided by

5 internationals.

6 Q. So your pupils left schools because they did not want to study

7 according to the Serbian school programme; is that right?

8 A. They were forcibly removed from school by the police and were

9 prevented to enter their schools. In June 1991, when the students went to

10 take their exams, the door of the school was closed by the police, and the

11 police beat them, and they didn't let them enter the school, neither the

12 students nor the professors. Protests were staged --

13 Q. Try to make up your mind. What is the truth? Was the truth that

14 they did not want to study according to the Serbian school programme, as

15 you had put it, or is it true that they were forcibly thrown out of the

16 schools? Is it one or the other?

17 A. The truth is that they left the school because they didn't want to

18 learn in the Serb curricula, and your Serb military and police regime did

19 not allow them to go back to school before they accepted to learn in the

20 Serb language and with the Serb programmes.

21 Q. And do you know that there is no special programme for Kosovo,

22 that all the children in Serbia studied according to the same programme?

23 A. We know that we used to have our own programme. I myself learned

24 with a programme of Kosova. But in 1991, these programmes were removed

25 and you tried to force us to accept your Serb programmes.

1 Q. And why didn't it bother Hungarians to study according to these

2 programmes that applied to all children, or Bulgarians or Slovaks or

3 anybody else? It was only you.

4 JUDGE MAY: It's not a matter for the witness to answer.

5 You needn't bother to answer that.

6 MR. MILOSEVIC: [Interpretation]

7 Q. So the Albanians left the schools because they did not want to

8 study according to the Serbian school programme, as you had put it. Do

9 you know, do you know, that until the 23rd of March, 1999 -- or do you

10 know how many pupils there were in your town in Pristina, how many

11 attended state schools and studied in the Serb language and how many

12 studied in the Albanian language?

13 A. I'm not clear about the question. Can you repeat it, please?

14 Q. Do you know that children, Albanian children in Kosovo, all got

15 their education in the Albanian language, all of the Albanian children who

16 attended state schools?

17 A. Up to 1990, 1991, they have followed the state schools. As of

18 June 1991 onwards, all the schools were closed down and the professors

19 were fired, and they were imprisoned, maltreated, persecuted by the

20 police. We have documents to prove it. If the Honourable Court wishes

21 so, I can provide it with documents.

22 Q. And do you know that in that same spot where you're sitting now

23 there were people who worked in schools with 1.200, 1.500, 1.800 pupils,

24 and they confirmed that they worked --

25 JUDGE MAY: Mr. Milosevic, there's no point in putting that to the

1 witness. He doesn't know what the other witnesses said. If there's a

2 discrepancy, you can point it out in due course in argument, but there's

3 no point in putting it to the witness.

4 THE ACCUSED: [Interpretation] There is no point because there is a

5 difference between ignorance and falsehoods, Mr. May, and the difference

6 is a big one at that.

7 MR. MILOSEVIC: [Interpretation]

8 Q. Do you know that in the municipality of Pristina, until the 23rd

9 of March, 1999 - so I'm not talking about 1990 or 1991 - only in the

10 municipality of Pristina there were 6.535 pupils studying in the Serb

11 language? In the Serb language, 6.535. And in state schools -- there

12 were 23.511 pupils studying in the Albanian language in state schools in

13 the municipality where you live. Are you aware of these figures?

14 A. No, I'm not aware. And furthermore, that's not true. That number

15 of students applies to those students that were taught in private homes.

16 And it's true that teaching continued but in homes and in very difficult

17 conditions. Often students were checked in buses, and they were searched

18 whether they had Albanian books in their backpacks.

19 Q. We heard that. But that's not what I'm asking you. I am asking

20 you whether you know of any Albanian children who went to state schools

21 after 1990; that is to say, 1993, 1995, 1996, 1997, 1998. Do you know of

22 any who went to Albanian-speaking schools that were state schools?

23 A. No.

24 Q. It is your assertion that Albanian children did not go to state

25 schools?

1 A. They followed primary school up to the eighth year of school, but

2 not the high schools or higher, the university.

3 Q. Ah, now you've made a concession. Albanian children did attend

4 primary schools.

5 A. Not a teacher, not a professor was paid by the state. All of them

6 were paid by the funds put together by voluntary people. None of them

7 worked for the state. They were not paid social insurance by the state.

8 Q. That's not what I asked you. You are answering my questions now.

9 Did Albanian children attend state schools, primary schools? Just say yes

10 or no. That's what I'm asking you.

11 A. I told you.

12 Q. Yes or no. Did they go or did they not go?

13 A. No, they didn't go to state schools. They followed the lessons in

14 those homes. Why did we allow them to have our facilities, home

15 facilities if there were state facilities?

16 Q. Thank you. All right. You've answered the question.

17 You said yourself that it did not suit some. It did not suit

18 you. The programme that was applied to all children in Serbia did not

19 suit you. But because there were some who did find it suitable, some did

20 go to school.

21 A. It's not true that I said so. I said that you have changed the

22 curriculum. And by so doing, we didn't want to go to those schools and

23 learn with those programmes.

24 Q. Which programme was changed, the curriculum with mathematics or

25 biology?

1 A. Education -- the curriculum in general was changed, the

2 educational programme. You forced us to speak Serbian as an official

3 language in Kosova, and the curriculum suffered many changes. I can't

4 tell you how many, but there were many. Considerable changes.

5 Q. Did Albanian children receive their education in the Serb language

6 or in the Albanian language?

7 A. In the Albanian language.

8 Q. According to law and according to the school programme, Albanian

9 children studied in the Albanian language.

10 A. In the home school.

11 Q. In the state schools too. I read the figures out to you awhile

12 ago how many attended school in the Albanian language.

13 JUDGE MAY: The witness has disputed the figures. Now, we've --

14 just a moment. Just a moment.

15 We've spent a very great deal of time on education already in this

16 case, and we've already indicated our view that it is a peripheral issue.

17 THE ACCUSED: [Interpretation] In this specific case, a great deal

18 has to do with schools. And also, as you say, the witness disputed the

19 figures. He did not only dispute the figures, he disputed the presence of

20 Albanian children in schools at all, in general. He claims that Albanian

21 children did not go to school at all.

22 JUDGE MAY: Yes. He's given an indication -- he's given an

23 indication of where they went to school. Now, let's move on.

24 MR. MILOSEVIC: [Interpretation]

25 Q. It is your assertion that you are a member of the KLA; is that

1 right?

2 A. Yes.

3 Q. When did you exactly become a member of the KLA?

4 A. That is my secret. I have no reason to tell you.

5 JUDGE MAY: Is there any particular reason why it's a secret? Is

6 there any reason why you shouldn't tell us?

7 THE WITNESS: [Interpretation] It's not a secret to you, but it is

8 for him.

9 JUDGE MAY: Well, tell us.

10 THE WITNESS: [Interpretation] From the moment when the violence

11 started in Kosova. From the moment when the Jashari family was

12 massacred. Not only myself but the entire Albanian population mobilised,

13 and they decided there was nothing -- no longer any life in Kosova unless

14 we rose in an uprising.

15 Are you satisfied with my answer?

16 JUDGE MAY: Don't ask us that. But you're here to tell the truth,

17 and I'm sure you will.

18 Now -- just a moment. The Jashari family were massacred, you

19 say. So that was in 1998 - we've heard the evidence about that - is that

20 right? Fairly early in the year, as I recollect.

21 THE WITNESS: [Interpretation] March.

22 JUDGE MAY: Yes, Mr. Milosevic.

23 MR. MILOSEVIC: [Interpretation]

24 Q. We have heard in the summary that the opposing party presented

25 that you became a member of the KLA in 1991. Is that correct?

1 A. The KLA started from March 1998 and continued until 1999, until

2 the liberation of Kosova.

3 MR. RYNEVELD: Your Honours, if I said 1991 and typed 1991, that's

4 an error. That's my fault.

5 JUDGE MAY: It is in the --

6 JUDGE KWON: It is in the summary at the second paragraph, and the

7 witness said that, "In around 1991, I did join the UCK."

8 MR. RYNEVELD: Yes, Your Honours. That can be clarified. But I

9 have copied from the statement, which I believe was a typo.

10 JUDGE MAY: We can clarify in due course when it was the KLA

11 became operative.

12 THE ACCUSED: [Interpretation] That is precisely what the question

13 was.

14 MR. MILOSEVIC: [Interpretation]

15 Q. How could you become a member in 1991 when this terrorist KLA was

16 organised much later?

17 JUDGE MAY: He's given his answer about that.

18 MR. MILOSEVIC: [Interpretation]

19 Q. And which way did you join the KLA? How did you join up?

20 A. I joined the KLA as a head of logistics, and I had the duty of

21 supplying all the goods the KLA needed within the resources that we have.

22 It wasn't just myself but a group of others.

23 Q. But you were the chief person in charge of logistics. You were

24 the chief of logistics. That's the way you put it.

25 JUDGE MAY: He's just said that.

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1 MR. MILOSEVIC: [Interpretation]

2 Q. And what did that mean? What did that imply, setting the

3 logistics of the KLA?

4 A. Supplies it involved.

5 Q. Of what?

6 A. Everything that was needed. What I was able to supply, because

7 there was a lot of needs but not all of them were possible to be met.

8 Q. You said that you also did some intelligence matters with respect

9 to the KLA around Pristina. Now, what kind of intelligence matters?

10 A. I don't know what you're implying by "spying."

11 Q. I'm just thinking about what you yourself mentioned in your

12 statement, so I assume that you know what you were thinking of when you

13 wrote that.

14 JUDGE MAY: Read the passage from the statement so the witness can

15 know what you're talking about.

16 THE ACCUSED: [Interpretation] I'll try and find it. I assumed

17 that the witness would know what he said, so I didn't mark the passage in

18 the statement itself.

19 JUDGE MAY: The first page of the statement, second paragraph.

20 MR. MILOSEVIC: [Interpretation]

21 Q. Yes. It says: "I was also able to supply information on

22 intelligence matters as to what was occurring with the Serb police in and

23 around Pristina." Yes. That is what it says in your statement.

24 A. When I was at the headquarters there, we watched Serbian police

25 radio links, and I heard orders coming from Belgrade that all the villages

1 around Prishtina, like Obiliq, Orlovic, Bardh i Madhe, as far as

2 Vushtrria, all the villagers should be expelled in the direction of

3 Prishtina.

4 Q. So you're claiming that the policemen in Pristina, via radio link,

5 were able to communicate with policemen in Belgrade; is that it?

6 A. Not with Belgrade, but Misko Lakovic said that orders had come

7 from Belgrade that all the villagers around Prishtina, all the population,

8 should be expelled in the direction of Prishtina.

9 Q. And who is Misko Lakovic?

10 A. No. He was an officer, a leading officer of the police for

11 Prishtina.

12 JUDGE MAY: Yes. We can return to this after the adjournment.

13 Just a moment. We'll adjourn now until -- it's time for adjournment.

14 We'll adjourn until half past 11.00.

15 Mr. Aliu, during the adjournment, would you remember, please, not

16 to speak to anybody about your evidence until it's over, and that includes

17 the members of the Prosecution team.

18 --- Recess taken at 11.05 a.m.

19 --- On resuming at 11.31 a.m.

20 JUDGE MAY: Yes.

21 MR. MILOSEVIC: [Interpretation]

22 Q. Tell me, please: In which way did you come by the information

23 that would be interesting for the KLA?

24 JUDGE MAY: Do you understand the question?

25 THE WITNESS: [Interpretation] I'm not clear about the question. I

1 don't know what he means by "information for the benefit of the KLA." I

2 don't get it.

3 MR. MILOSEVIC: [Interpretation]

4 Q. Well, I don't know what is not clear in my question, but let me

5 try and explain. You say you collected information for the KLA. Now, I'm

6 asking you: How did you come by that information? How did you collect

7 the information?

8 A. You said -- you used the word "information." I didn't say that.

9 JUDGE MAY: He's given an example of hearing something at the

10 headquarters.

11 MR. MILOSEVIC: [Interpretation]

12 Q. You said that you tried to listen in to the conversations that the

13 police had in Lapastica, by Podujevo; is that correct?

14 A. Yes, it is right that I heard that piece of information about the

15 displacement of the population from the villages in the direction of the

16 town.

17 Q. Now, were these telephone conversations or did these conversations

18 take place in another way?

19 A. I heard it on the radio, through the radio relay the police used.

20 Q. All right. So you listened in to the conversations that the

21 police had via radio. Is that what you're claiming? You intercepted

22 them?

23 A. Yes, radio connection.

24 Q. And I also understood a moment ago that you said that you had

25 heard the chief of police issuing some sort of order through this radio

1 link.

2 A. Through this radio link I heard him ordering the police stations

3 of Obiliq, Fushe Kosove, to displace the entire population in the

4 direction of Prishtina. This is what I said.

5 Q. Were those his words? Did he say it in just the way you have told

6 us, or, from what I was able to understand, that he used codes to say what

7 he wanted to say?

8 A. The order arrived from Belgrade for all the residents of the

9 villages to be driven out of their homes and sent in the direction of

10 Prishtina.

11 Q. All right. That's what you claim. But what did you actually

12 hear? What did you actually hear this chief of police say, the one that

13 you just mentioned?

14 A. I don't have here the recorded tape, but this is what I heard. I

15 think I'm being clear.

16 Q. Yes. But as far as I was able to understand you, you said that he

17 used some codes.

18 JUDGE MAY: He didn't say "code."

19 MR. MILOSEVIC: [Interpretation]

20 Q. So you claim that through this relay station, he informed other

21 police departments of orders allegedly received from Belgrade. Is that

22 it?

23 A. Yes.

24 Q. Did you hear --

25 JUDGE KWON: Just a moment. Just a moment, Mr. Milosevic.

1 Mr. Aliu, on page 5 of the English version, in your statement you

2 said that, the first paragraph: "The order was to all the Serb forces

3 that the Albanian civilians in the areas of," for example, "Fushe

4 Kosove ... had to be been expelled. The conversation was in Serb.

5 However, we were in possession of the codes that the Serbs were using for

6 the names of the towns and villages."

7 That's what you said in your earlier statement. So you were

8 asked: What was the words exactly which you heard? And could you help us

9 with the codes?

10 THE WITNESS: [Interpretation] I tried to explain that, through

11 the radio link, we knew what codes they used for Prishtina, Obiliq, when

12 they referred to these towns. So when they spoke to each other,

13 communicated to each other on the radio, we knew what they were talking

14 about. So when the order was issued, I realised that my house was in

15 jeopardy. Because for many years I was the target of police attacks. I

16 have even indicted the police who did that, the police of Milosevic's

17 power, and I never received an answer.

18 So I knew I was in danger. That's why I took my ten members. In

19 my statements, I say I was -- my family was composed of ten persons, and

20 we left in the direction of Pristina.

21 JUDGE KWON: Mr. Aliu, do you understand -- do you understand

22 Serb?

23 THE WITNESS: [Interpretation] Yes.

24 JUDGE KWON: So what you're referring to is that the Serb police,

25 they are communicating in Serbian, but they referred to the names of

1 cities in some code name. So that's what you understood; is that

2 correct?

3 THE WITNESS: [Interpretation] Yes. They used the code for

4 Prishtina when they gave the order to the police stations. It was -- the

5 order was that the whole population should be ousted from the villages and

6 sent in the direction of Prishtina. They used the code in the case of the

7 town Prishtina.

8 JUDGE KWON: Thank you. Please continue, Mr. Milosevic.

9 MR. MILOSEVIC: [Interpretation]

10 Q. You said, a moment ago, that when you listened in to the

11 conversation, you concluded that your family was in danger. And in the

12 next sentence and in the same context, you said that you also concluded,

13 as I say, that your family was in jeopardy because your house had

14 previously been the target of some attacks.

15 Now, my question to you is the following: Did you conclude this

16 from what you had heard in that conversation, that your family was in

17 jeopardy, or did you conclude this, as you explained a moment ago, that

18 you concluded your family was in jeopardy because your house had been the

19 subject of attack on previous occasions? Which of the two is correct?

20 A. I'm not clear about the question, I'm afraid. I think I was clear

21 in my explanation.

22 JUDGE MAY: Mr. Milosevic, it will be easier for the witnesses,

23 and we will save time and you will save time, if you don't repeat to the

24 witness the answer which he's given. Just ask the witness the next

25 question. People often do that in cross-examination, repeat the answers,

1 but it takes up time and it makes things confusing.

2 So with that in mind, just ask him the question that you want him

3 to answer.

4 MR. MILOSEVIC: [Interpretation]

5 Q. You said, therefore, that your family was in jeopardy because your

6 house had previously been the object of attacks on several occasions. Is

7 that correct?

8 A. Yes, that's correct.

9 JUDGE MAY: What he said, as I recollect, was this: He said he

10 heard the order given and came to the conclusion that his house was in

11 danger, having heard the order, because on previous occasions it had been

12 the subject of attack.

13 Is that right, Mr. Aliu?

14 THE WITNESS: [Interpretation] Yes, that's right.

15 JUDGE MAY: So he heard the order, and because of his previous

16 experience, he thought the house was likely to be attacked.

17 THE WITNESS: [Interpretation] Yes, that's right.

18 THE ACCUSED [Interpretation] All right. That is your explanation,

19 Mr. May, but not the witness's explanation.

20 JUDGE MAY: That's what the witness said. There's no point trying

21 to confuse him with further questions.

22 THE ACCUSED: [Interpretation] I am not trying to confuse him. I'm

23 just trying to get an answer to my questions.

24 MR. MILOSEVIC: [Interpretation]

25 Q. Who did you get these codes from, the codes you claim you had for

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1 the talks, the conversations that the police were having?

2 A. We were a professional army. We had members from all walks of

3 life and professions, and just like all the other armies, we could get

4 hold of these codes and were capable of leading these attacks in

5 self-defence and doing all these things. We were not what you might

6 think, just a crowd, a mob of people. We had a whole hierarchy of people

7 there.

8 Q. So that's what you say about yourself. I did not say that; you

9 said it about yourself. Now, if you knew the codes, tell me, then: What

10 codes were there for Podujevo, Vucitrn, Suva Reka, Lapastica, et cetera?

11 Which codes were they? What were the codes?

12 A. It was four or five years ago. I don't think I can remember the

13 codes now, because the codes kept changing every week, every day

14 sometimes.

15 Q. What you're claiming didn't happen four or five years ago; it

16 happened three years ago, what you're claiming took place.

17 A. It was -- it happened during 1988 and 1989. Sorry, 1998, 1999.

18 Q. Do you mean that you heard, in 1998, how the chief issued orders

19 to displace the Albanian population, to expel them from Kosovo Polje,

20 Obilic, the village of Krusevo and Orlovac, which are the ones you

21 mention?

22 A. It was in March 1999, not in 1998. It was in March 1999.

23 Q. All right. Let it be 1999. Even then, those citizens were not

24 expelled from those places. How, then, do you link up the order with the

25 fact that this never took place?

1 JUDGE MAY: It's not a matter for the witness. He's given his

2 evidence about what happened. You can make comments, if you want, in due

3 course, but this is what he said happened.

4 THE ACCUSED: [Interpretation] He didn't say what happened; he said

5 what he said. And what he said did not happen, did not take place, and

6 that's the whole point.

7 JUDGE MAY: We'll hear evidence about that in due course. Now,

8 can we go back to the witness's evidence.

9 MR. MILOSEVIC: [Interpretation]

10 Q. So you don't know any of the codes for which you claim you used

11 and which were subject to change, as you yourself said?

12 JUDGE MAY: He says he doesn't remember. That is what he says.

13 THE ACCUSED: [Interpretation] Well, a pupil says the same thing

14 when he doesn't know the answer to a question. I don't know whether the

15 teacher then makes the distinction of whether he doesn't remember or

16 doesn't know.

17 MR. MILOSEVIC: [Interpretation]

18 Q. Now, tell me: What activities, as the KLA, did you undertake in

19 the Pristina area up until 1998?

20 A. I'm not clear about your question, I'm afraid.

21 Q. You were a member of the KLA. Now, I'm asking you: What

22 activities did your KLA organisation have in the area of Pristina up until

23 1998, or 1998 as well, included?

24 A. It didn't undertake any actions in the Prishtina area, in fact, in

25 none of the cities, because it didn't want to put the population in

1 danger. But the KLA was stationed in the mountainous areas in order not

2 to bring any danger to the population, up to when it launched the

3 offensive in -- when the offensive of Kacanoll was undertaken and the

4 population asked for its assistance and the KLA went to the succor of the

5 population.

6 Q. So up until then, the KLA had no activities whatsoever; is that

7 what you're saying? Have I understood you correctly?

8 A. What do you mean by "activities"?

9 Q. The purpose for your organisation and establishment as the KLA.

10 Why did you organise yourselves? Why did you set up the KLA?

11 A. We founded the KLA and started an uprising against the occupying

12 Serbian forces. That's why we formed it. And for self-defence in our own

13 country.

14 Q. Well, what you've just said: "Started an uprising against the

15 Serb forces." What activities? So this action is what I mean when I say

16 "activities." What were those activities? What was that action that you

17 took?

18 A. The action that the KLA took was called an uprising, and we

19 started mobilising everything that was necessary from the massacre of the

20 Jashari family. And before that, we were underground, but following the

21 massacre at Qirez and the massacre of the Jashari family, the population

22 had to defend themselves, so they rose in an uprising.

23 THE INTERPRETER: The interpreter requests the witness to draw

24 closer to the microphone.

25 MR. MILOSEVIC: [Interpretation]

1 Q. All right. Just give me short answers to my questions, please, to

2 save time. Who was your KLA commander?

3 A. Rrustem Mustafa, with the nom de guerre of Remi, was my commander

4 in the KLA. He led the Llap operational zone.

5 Q. Where did you hold your meetings?

6 A. We held our meetings at the headquarters, where we had our place

7 at Kacanoll, at the school.

8 Q. How did you recruit new members?

9 A. Like all other armies. We did the same.

10 Q. Does that mean that you recruited them forcibly, individual

11 members of the Albanian ethnic group?

12 A. We didn't have the right circumstances to recruit people. People

13 came in as volunteers, and there were even only sons who agreed to join

14 the KLA.

15 Q. All right. So you're saying that it was on a voluntary basis.

16 How was the KLA financed?

17 A. By the people.

18 Q. That's a very general answer. Did you personally finance the KLA?

19 A. Yes, with large sums, with everything that I could.

20 Q. Do you know any other way in which it was financed?

21 A. Yes. It was also financed by Albanian women, who gave their own

22 gold, their jewellery, and gave it to the KLA, saying, "Take my gold until

23 Kosova is liberated."

24 There have been cases when people -- when people married, they

25 didn't hold a proper wedding, they didn't buy furniture, but they gave

1 this money to the KLA.

2 Q. Now, as you dealt in logistics, do you know any funds coming in

3 from Germany, Switzerland, and so on?

4 A. Yes. Both aid and people came from Albanians who were emigrants

5 there.

6 Q. And how did the money come into the country?

7 A. Very easily. When there's no lack of willpower, where there's a

8 will, there is a way.

9 Q. Yes. But I'm asking you specifically. What routes did the money

10 come in by?

11 A. Well, I can tell you. I myself was in Hungary, and I brought aid

12 by car through Serbia to Kosova on the road.

13 Q. Including money?

14 A. Yes, money. Hard currency.

15 Q. And what weapons did your unit within the KLA dispose of?

16 A. All the kinds of weaponry that the police and army of your regime

17 had that is the light weapons, we had them. And a large proportion was

18 actually supplied by the police and army of your regime.

19 Q. How were you supplied by weapons? As far as I was able to

20 understand, you got your weapons from our police and army. Is that what

21 you said?

22 A. We bought them with money.

23 Q. So you're saying that you purchased weapons from the army and the

24 police. Is that it?

25 A. Yes.

1 Q. Well, our police force didn't have any ammunition and weapons made

2 in China. How were you then able to purchase these from them?

3 A. It seems that you're not listening to me. I said 80 per cent of

4 our weapons came from the police and the army, and I can produce evidence

5 of this.

6 Q. Well, I'd like to see that. And how did you finance the

7 procurement of weapons?

8 A. With hard currency.

9 Q. In the way in which you described a moment ago; is that right?

10 A. How do you mean? We bought weapons in Podujeva and in Prishtina.

11 They brought them to Rudar and Medvedja by truck. They came to Peje and

12 Kragujevc, and then we waited a week until they rubbed out the serial

13 numbers and then we acquired them. I can produce evidence of this. Some

14 of the weapons come from the army.

15 Q. And who were these people who sold you the weapons?

16 A. They were members of your police and army.

17 Q. Well, can you tell me which members of the police and army who --

18 who were they who sold you the weapons?

19 A. One -- one of them was a member of Arkan's men, and he brought a

20 truck full of weapons as far as Rudar. The truck was full of weapons, and

21 then we met in the hotel in Rudar, and then we had a long conversation

22 about your position.

23 Q. I did not understand the answer. You had a long conversation

24 about what position?

25 A. About your position personally.

1 Q. My personal position?

2 A. Of course.

3 Q. This is a conversation that you had with this man who was selling

4 weapons to you. What was the name of this man?

5 A. For security reasons, they didn't tell their names because they

6 were Serbs.

7 Q. And what did this conversation pertain to, the conversation you

8 were having with him?

9 A. If the Court allows me, I can explain the entire conversation.

10 JUDGE MAY: Briefly.

11 THE WITNESS: [Interpretation] The weapons came, and we had an

12 appointment in Rudar. We waited in the cafe until they arrived. And on

13 that same day, President Milosevic and President Rugova, they asked us

14 what we thought of them. Anybody -- they said, "We don't give a shit for

15 Milosevic and Rugova. For us it's important to make money, because they

16 have taken good care of their own families and are giving a hard time to

17 our families. They are killing people for no reason." And they said that

18 Arkan will do short work of Milosevic and will replace him in the

19 long-run. That was the crux of the conversation.

20 It was longer, of course, but it took two hours. It will take me

21 several days to tell you every and each of the words we said.

22 After they left, they -- the police didn't stop them. They

23 escorted us up to Stedine village where the truck was waiting.

24 There was also 5.000 metres of cloth for uniforms. There were

25 some mortars, 12.7 millimetres; and a large quantity of bullets, 35.000

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1 bullets; 100 sniper rifles; Kalashnikovs.

2 They escorted me up to the place and then I took them to our

3 position in Kacanoll.

4 Q. How many of them were there?

5 A. Four. There was a driver with a truck. There was another

6 person. And I was accompanied with three other people. We had our car,

7 and no police, roadblocks, check blocks gave us any hard time because

8 those Serbs had the proper authorisation, and nobody dared stop them on

9 the way.

10 Q. And it is your assertion that these were some of Arkan's men?

11 A. Yes.

12 Q. On the basis of what you talked to with them, was it your

13 conclusion that they were with him or against him?

14 A. They were with Arkan, against yourself. They said that the only

15 person important in Serbia is Arkan, who keeps his family in Serbia, who

16 fights with his family, whereas the others stay in power while their

17 families are in safe places abroad.

18 Q. So they were on his side against me. That is your assertion.

19 A. That was their assertion, not mine.

20 Q. Tell me, do you know that my family was in Yugoslavia throughout

21 and that they were not anywhere abroad?

22 JUDGE MAY: We're getting far from the indictment now.

23 THE ACCUSED: [Interpretation] He's talking about an assertion.

24 JUDGE MAY: Yes. He's describing a conversation. Now, let's move

25 on.

1 THE ACCUSED: [Interpretation] Well, I doubt that explanation, but

2 we can go on.

3 MR. MILOSEVIC: [Interpretation]

4 Q. Were you personally issued with some kind of a weapon? Did you

5 have a personal weapon of your own?

6 A. Yes.

7 Q. What kind of weapon did you have?

8 A. Up to the time I was engaged in supplying, in logistics, I didn't

9 need a weapon. I just had a stick, a baton. But when I joined the army

10 after the NATO airstrikes again and your army started their attacks, I

11 also got a weapon. I had a Skorpion.

12 THE INTERPRETER: The interpreter corrects herself.

13 MR. MILOSEVIC: [Interpretation]

14 Q. What kind of weapon did you have exactly?

15 A. You are asking me to tell you what weapon I had?

16 Q. Yes.

17 A. It is my own personal secret.

18 Q. All right. Where were KLA members trained for using weapons?

19 A. We had our own training sites, shooting ground.

20 Q. How many terrorist actions did you take in the territory of

21 Pristina and in the surrounding area?

22 A. You might wish to call them terrorists, but I don't agree with

23 that.

24 Q. I'm not asking you about qualifications. I'm asking you about how

25 much you did in the territory of Pristina.

1 A. This is not something that I should answer. Somebody else can

2 answer this question.

3 JUDGE MAY: Why can't you answer?

4 THE WITNESS: [Interpretation] Because I didn't take part in this

5 kind of thing. I don't know about this kind of operation.

6 MR. KAY: Your Honour, may I raise a matter? This is plainly

7 important evidence as far as the accused is concerned for issues involved

8 within his defence. If this witness is able to help with information that

9 he knew, having been an insider within the KLA, it would be extremely

10 helpful for the accused if those answers were to be given, and in those

11 circumstances, the Court.

12 JUDGE MAY: He's given an answer about the last question. He says

13 he doesn't know about it.

14 Yes. There's also the matter of time. The hour which the accused

15 is usually given in cross-examination is now up. Would you apply for a

16 longer time in this particular case, Mr. Kay?

17 MR. KAY: Certainly. I was going to ask for a far longer period

18 than normal, in view of the evidence this witness can give as well as the

19 conciseness of the accused's questioning, which obviously is of importance

20 when he is questioning witnesses.

21 JUDGE MAY: Yes. We'll consider that.

22 [Trial Chamber confers]

23 JUDGE MAY: Yes, we will extend the time. Mr. Milosevic, we

24 expect you to finish by 1.00.

25 MR. MILOSEVIC: [Interpretation]

1 Q. Before I continue, could you please tell me when this event

2 occurred exactly, the event you just described, when you bought a

3 truckload of weapons from these persons, from those four men you

4 mentioned.

5 A. This was about January, February - I don't remember exactly - in

6 1999.

7 Q. In January or February 1999?

8 A. I don't remember exactly, because I was on a lot of tours, and I

9 don't remember which one. I also have the fax to bring the shipment to

10 Medvedja.

11 Q. And did you make this institution aware of that fax? We can go

12 on.

13 Do you know how many armed persons the KLA had in 1998?

14 A. No. It was not for me to know. My job was merely to supply food.

15 Q. If you say no, let's just save time. You say that it was only up

16 to you to supply them with food; right?

17 A. Yes.

18 Q. A little while ago you said that you supplied them with weapons as

19 well.

20 A. Everything: weapons, food, vehicles, and whatever I could,

21 whatever kind of goods I could buy for the KLA. Whenever I had the

22 opportunity, I bought things and sent them, as did all of my group. For

23 instance, there was Ahmed Ajeti, who was a mechanic in Podujeva, and he

24 worked as a mechanic servicing your vehicles, and they sent him weapons,

25 saying that we were sending him vehicles. And that was one supply route.

1 And round about 1992, when the war in Croatia started, I had my own

2 business, and they asked me -- people who wanted to desert from the army

3 when the war in Croatia started, they -- and I sent them civilian

4 clothes. And they left their weapons there, and I collected those weapons

5 and used them. That was in 1992, 1993, during the war in Bosnia. There

6 was only one case in which there were 11 desertees who came with their

7 weapons, and I gave them aid --

8 JUDGE MAY: Yes, Mr. Ryneveld.

9 MR. RYNEVELD: Your Honour, I realise this is highly unusual, but

10 a highly unusual situation has just arisen. The witness has been asked

11 about documentation about this particular matter, about the selling of

12 arms, et cetera, et cetera. Not included in his statement, not included

13 in the attachments, the witness has brought a document with him to this

14 session which is provided to us, which is not properly something that we

15 could submit as far as the 92 bis. Normally I would re-examine on this

16 document, but perhaps it is important that this document get distributed

17 so that the accused has an opportunity to deal with the matter, since it's

18 arisen during cross-examination. I just thought I should bring this to

19 the attention of the Court and the accused, in fairness to everyone.

20 JUDGE MAY: Yes.

21 MR. RYNEVELD: Because if I were to wait until re-examination, I

22 wonder whether that would be appropriate.

23 JUDGE MAY: Yes. Let's put it on the ELMO and we'll have a look

24 at it.

25 MR. RYNEVELD: Again, I'm unable to assist in terms of what it

1 says, but I know it relates to the subject matter presently under

2 discussion.

3 JUDGE MAY: Mr. Aliu, would you look at that. Is that the

4 document you were referring to?

5 THE WITNESS: [Interpretation] Yes.

6 MR. MILOSEVIC: [Interpretation] It says here: [As read] "12.7" -

7 that's a machine-gun calibre - "can be provided, three pieces. Price,

8 2.000 Deutschmark." Then it says: "Both types of rifles" - I don't know

9 what this refers to - "for the time being, 100 pieces, according to the

10 agreed price." And then it says: "Munitions for a 12.7-millimetre

11 machine-gun, about 30.000 pieces, two Deutschmarks per piece. Munitions"

12 - this is a bit deleted - "for rifles, 7.62 millimetres, will be

13 prepared, about 150.000 pieces. According to plan, these major goods will

14 be taken care of by the end of the month because all of this cannot be

15 obtained and placed in a safe place and cannot be carried out before

16 additional activity on a truck for transportation."

17 And then there's something deleted. I can't see this. This seems

18 illegible. I can't see whether it says "Malisheva" or "Mitrovica," but in

19 the original you can probably see what it says. It starts with a capital

20 letter, so I assume that it is the name of a town. So "That version is

21 acceptable," it says. And then it says: "For you personally, you will

22 get a gift, a Heckler, 9 millimetres, automatic."

23 Could you please lift the page further up. A bit further up. A

24 bit more. "It should only be confirmed, as soon as possible, in order to

25 have yet another shipment taken care of. Plastic explosives and

1 those ignition fuses." I can't read this. Could you please put it up.

2 JUDGE MAY: [Previous translation continues]...

3 MR. MILOSEVIC: [Interpretation] "Main" I can't read this. "The

4 main," and there's another word. "At least 80 kilogrammes, and then 100

5 kilogrammes. Agrees to return to warehouse so that then all these other

6 goods could be paid for in a deferred way" - I imagine he's referring to

7 deferred payments - "for transportation by truck. I would have to" - I

8 can't see this properly on this monitor - "get this"? "Get this"? He

9 mentions a telegram. "When I tell you that we should talk." Sunday. It

10 says "on Sunday" up here. Sunday, telegram. "This Sunday we should

11 talk." And that's the end of this page.

12 Q. So this is your communication in writing, with your provider of

13 weapons; right?

14 JUDGE MAY: Let's go over the page to see -- is there a second

15 page? No. That's it. Thank you very much.

16 Yes, Mr. Milosevic.

17 MR. MILOSEVIC: [Interpretation]

18 Q. At any rate, most of it is legible. On the original, you can

19 probably see those words that are illegible this way.

20 Who sent you this? Are these the same people who actually sold

21 this to you?

22 A. No. Other people.

23 Q. Who are these other people who provided you with explosives,

24 machine-guns, rifles, et cetera? Who sent you this paper, these people

25 that you were cooperating with?

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1 A. Yes. It's not "as far as Malisheva" that's written there, but

2 "Medvedja," "as far as Medvedja." That's what's written there.

3 Q. I see. Up to Medvedja. All right. That can be established when

4 it's read precisely. That's no problem. It seems a bit blurred,

5 especially on this screen. So who are these people?

6 A. They are -- for security reasons, these are people in Serbia, so I

7 can't say who they are, but this is to show that we were supplied by your

8 people, and that's the evidence that I have.

9 MR. RYNEVELD: Your Honours, in fairness, this document having

10 been read into evidence, might it be marked as an exhibit?

11 JUDGE MAY: Yes, and it can be translated in due course.

12 MR. RYNEVELD: Yes. The other thing I should note is that it

13 appears to be a fax with a date of March 20th, 1999, which is barely

14 legible, would not show up, but that is the top right-hand corner on the

15 fax.

16 JUDGE MAY: Yes. Thank you. Let it be exhibited, let it have a

17 number, and let the accused see it. If you exhibit it --

18 THE REGISTRAR: Yes, Your Honours. It will be Exhibit 116.1 ter.

19 MR. MILOSEVIC: [Interpretation] Yes, you can see now that it says

20 "Medvedja," because on the screen it could not be read. That's right.

21 It says, "Medvedja," 20th of March, 1999, at 20 past 11.00, judging by the

22 fax. Yes. Oh, I thought this was an original. This is a fax. But

23 obviously you know who you were communicating with.

24 Q. Is that right or is that not right?

25 THE ACCUSED: [Interpretation] Thank you, Mr. Usher. You can take

1 this.

2 JUDGE MAY: Did you know who it came from, is the question.

3 A. Yes, we knew from the people who supplied us, but the names are --

4 JUDGE MAY: Very well.

5 THE INTERPRETER: The interpreter asks the witness to move closer

6 to the microphone.

7 MR. MILOSEVIC: [Interpretation]

8 Q. So that means that you can identify the perpetrators of this

9 crime?

10 JUDGE MAY: He said that for security reasons he does not want to

11 give the names, and I, for one, would support that answer.

12 THE ACCUSED: [Interpretation] Yes, but he is duty-bound to give

13 those names.

14 JUDGE MAY: Not necessarily. We'll discuss it.

15 THE ACCUSED: [Interpretation] This is --

16 JUDGE MAY: Just a moment.

17 [Trial Chamber confers]

18 JUDGE MAY: Yes, Mr. Kay. What is the evidential value anyway?

19 MR. KAY: If it is of evidential value, and it may be, perhaps the

20 names could be written down on a piece of paper, kept under seal,

21 disclosed to the accused in the usual way, and then he may reflect upon

22 whether he needs to use the names or not and the names can be protected.

23 JUDGE ROBINSON: I think I would need to be assured of the

24 evidential value, because there is a clear possibility of prejudice.

25 MR. KAY: It may be contrary to the interests of these

1 individuals, but it may be prejudicial to the defence of the accused if he

2 doesn't have the information, which is why I suggest perhaps it can go

3 under seal, which means that it's a document that's protected from the

4 public eyes, and it can be considered.

5 JUDGE MAY: What evidential value could it have? It could put

6 them in danger. That's the point.

7 MR. KAY: As yet, I don't know, we don't know, because we don't

8 know if the names are of any significance or not, but if the information

9 is kept in a protected form - this Court is well used to dealing with

10 protections for the Prosecution in relation to information in their case.

11 In our submission, the same criteria should be applied to the accused. I

12 don't know the names. No one else does except for this particular

13 witness. So the significance of the issue can't be determined.

14 JUDGE MAY: Yes, Mr. Ryneveld.

15 MR. RYNEVELD: Your Honours, I too cannot see the evidential

16 value. The only reason I've brought the matter to the attention is that

17 he was being cross-examined about whether there was any documentation. I

18 felt I was duty-bound to bring it to the Court's attention. Having said

19 that, in our submission, the names of the people who supplied it are

20 totally irrelevant to the issue that it confirms the fact that the witness

21 said that there is corroborative evidence of his testimony. That,

22 clearly, is the issue. To put unknown persons at risk or at danger for

23 disclosing this information, to me, with the greatest of respect, would

24 not serve any useful purpose. If the Court is disposed to adopt the

25 procedure suggested by Mr. Kay, I would ask that any discussion of this

1 matter be in closed session and under seal, but that would be only

2 secondary to my primary submission, that it can be of no assistance to the

3 Court.

4 JUDGE MAY: Mr. Milosevic, you've heard what's said. It's

5 irrelevant in any event. What relevance can it have?

6 THE INTERPRETER: Microphone, please. Microphone, please.

7 THE ACCUSED: [Interpretation] How wouldn't the names of these

8 criminals be relevant? If what the witness is saying is true, how then

9 would the names not be relevant of criminals supplying a terrorist with

10 weapons? They are very relevant, highly relevant.

11 JUDGE MAY: No, to these proceedings, to this trial and the issues

12 in it. That's the point.

13 THE ACCUSED: [Interpretation] Well, I assume that you deal with

14 crimes on the territory of Yugoslavia. That's at least what you claim.

15 Now, if supplies of weapons to terrorist organisations is something that

16 you consider to be legal, then I don't know what I can explain here. A

17 whole series of crimes starts there. And probably theft and the illegal

18 possession of weapons on all counts. And then ammunition, explosives, and

19 other devices sowing death, they were sold to a terrorist organisation in

20 Kosovo.

21 JUDGE ROBINSON: Mr. Milosevic, we deal with crimes, yes, but here

22 we are concerned with the crimes charged in the indictment. We are not

23 dealing with crimes generally, crimes that were committed in Yugoslavia.

24 And what you were asked to do was to demonstrate the relevance that this

25 particular piece of evidence would have to an issue that has arisen in the

1 trial.

2 As far as I am concerned, you haven't -- you have not been able to

3 demonstrate that relevance. On the other hand, there is a clear prejudice

4 to the persons who gave that information, and that is what the Chamber has

5 to consider as well.

6 THE ACCUSED: [Interpretation] But is not -- is it not clear that

7 those individuals were accomplices in the execution of terrorist attacks,

8 killings, explosions? You can see here that they're purchasing 80

9 kilogrammes of explosives, and you know that they planted explosives in

10 marketplaces, bus stations, shops, coffee bars, et cetera. So is this not

11 a case of accomplices in killings that arose from the activities of this

12 terrorist organisation, a member of which the witness is?

13 [Trial Chamber confers]

14 JUDGE MAY: We shall not require the witness to answer. Since

15 it's an important issue and I think the first time it's arisen in these

16 proceedings, we will explain why.

17 The Court has a power to protect those who may be put in danger

18 because of answers which are given. If there are matters which are of

19 significance in a trial which require answers to be given, the Court can

20 also require that they be given and afford some measure of protection, as

21 the amicus has suggested.

22 However, before the matter can even be considered, there has to be

23 demonstrated some relevance in the particular proceedings, of the answer.

24 In this case, the answer is, in our judgement, of no relevance at all.

25 The significance of the witness's evidence is the way in which weapons

1 were obtained. He's described that, and he's produced a document which

2 supports his evidence on that count in that he was being supplied in the

3 way which he said.

4 Who individually was doing the supplying is a matter of no

5 relevance at all. In any event, even if it was, the fact that the

6 suppliers, if the identity of the suppliers were given, that their

7 security, their safety would be put in danger would be sufficient for us

8 to rule that the identity should not be given.

9 So we will not require the witness to answer the question.

10 Yes, Mr. Milosevic.

11 THE ACCUSED: [Interpretation] Please. I think you should bear in

12 mind my claim that in support of the KLA terrorist organisation, we see

13 the participation of the Secret Services of a whole series of countries.

14 The names of those people who supplied them with weapons --

15 JUDGE MAY: We have -- we have ruled on this issue, and there will

16 be no further argument on it.

17 Now, have you got any more questions for this witness?

18 THE ACCUSED: [Interpretation] I have a lot more questions, and

19 I'll try to get through as many of them as possible.

20 Q. Do you know that in Pristina and the surrounding areas in 1998

21 there was an increased number of explosions in public places planted by

22 the KLA? Just give me a yes or no answer, please, so that we can make the

23 best use of our time.

24 A. It's not clear to me what he's asking. What does this question

25 mean?

1 Q. I asked you whether you know that in the town in Pristina and the

2 surrounding areas in the course of 1998 a number of explosions were

3 planted in public places by the KLA.

4 A. I don't know about this. And it's not true that they were placed

5 by -- they were placed by your police forces and the army.

6 Q. So you say it's not true. All right, then.

7 How many people lost their lives in those terrorist operations,

8 the planting of bombs in Pristina and its environs? Do you know that?

9 A. We know that in terrorist operations carried out by the Serbian

10 police and army, we know about these. But about any others, I don't

11 know.

12 Q. All right. I could have assumed that your answer would be what it

13 was. That's why you used -- you purchased the weapons, so as not to use

14 them. Is that right? Is that how I'm to understand you?

15 From the environs of Podujevo later on --

16 THE INTERPRETER: The interpreters apologise, but there is too

17 much interference with the channels. We're unable to hear the accused.

18 JUDGE MAY: They're having trouble with the interpretation. I'll

19 ask the Registry to do something about the channels. There's supposed to

20 be interference on the various channels.

21 THE INTERPRETER: We're hearing the Albanian interpretation on the

22 B/C/S channel.

23 JUDGE MAY: The interpreters say they are hearing Albanian on the

24 B/C/S channel.

25 MR. KAY: While we are waiting -- while we're waiting, Your

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1 Honours, it might be appropriate for me to raise a matter of the

2 interpretation which has been brought to my attention during the course of

3 the day. It concerns the Albanian translation of various questions that

4 were put this morning. I'm not a speaker of either B/C/S or Albanian, as

5 the Court knows, but that various matters were raised with me, and I've

6 had a chance to review the transcript to assess how a witness seems not to

7 be understanding questions that were put, that there appear to have been

8 no linkage between questions and answers.

9 It may be appropriate that the transcript of today's proceedings

10 be checked by the translation services to see if there were any problems

11 in what was being relayed over the Albanian channel.

12 JUDGE MAY: It may have been the nature of the questions, but

13 we'll do that. We will have it done.

14 We'll go on.

15 THE WITNESS: [Interpretation] May I ask something, Your Honour?

16 JUDGE MAY: Just a moment.

17 [Trial Chamber and the Registrar confer]

18 THE WITNESS: [Interpretation] -- question for the Chamber.

19 JUDGE MAY: I'm told it should be all right.

20 Yes, Mr. Aliu.

21 THE WITNESS: [Interpretation] I have a question for the Chamber.

22 May I pose the question, please?

23 JUDGE MAY: Not usually, but what is it?

24 A. The term used by Milosevic in relevance to me, calling me

25 "terrorist," that's not appropriate. I'm here in the position of a

1 witness. He's there in the position of accused. It's not appropriate to

2 exchange such terms.

3 JUDGE MAY: He is entitled to ask questions within limits. We

4 bear in mind what he said, and we bear in mind what you say.

5 Yes, Mr. Milosevic.

6 MR. MILOSEVIC: [Interpretation]

7 Q. So you went home with ten people, ten soldiers of the KLA. How

8 big is your yard?

9 A. I went home with ten members of my own family who were in the

10 town. My yard is about 40 acres, and it is surrounded by a wall of about

11 three metres high.

12 Q. Do you mean 40 acres or 40 R's, or could you give me a figure in

13 hectares, please?

14 A. Two hectares.

15 Q. Two hectares, you say. Is there a fence round your yard?

16 A. It is a wall made of strong material that surrounds my yard.

17 Q. So there's a wall made of strong material around your yard. Now,

18 how high is that wall?

19 A. About three metres. Even -- some places higher, some places

20 lower.

21 Q. That means that your yard, surrounded with this wall which is

22 three metres high, was that made to be a fortification or was it the yard

23 and the courtyard to your property, with a fence?

24 A. It is my own right to do what I want with my property, to build

25 what I wish there.

1 Q. I'm not questioning your right to build. I'm just asking you that

2 when you say a strong wall three metres high, I'm just asking you is that

3 a yard or is it a fortification? What did you want to build?

4 A. It is a yard, and it's my personal property, I said.

5 JUDGE MAY: Were you trying to fortify it or not? That's the

6 point that's made.

7 THE WITNESS: [Interpretation] No. I didn't want to fortify it.

8 But it is our tradition to surround our yards. Not only myself but all

9 Albanians that can afford to do that build surrounding walls. It's an old

10 tradition of ours.

11 THE ACCUSED: [Interpretation] That's what I was saying, precisely

12 that, on other occasions.

13 MR. MILOSEVIC: [Interpretation]

14 Q. So how, then, can you say that there were 10.000 people in your

15 yard when you say that the yard is two hectares in surface area?

16 A. It was possible to have even a larger number of people in smaller

17 areas, because in that place, about 3.600 students had their lessons

18 there. In Prishtina school of economics, for example, studied 1.500

19 students. So a total of 3.500 students had their lessons there in that

20 compound, let alone talking about refugees who were panic-stricken. They

21 could stay there, herded there, even 100.000 of them.

22 Q. I was just asking you that. Two hectares is 100 metres times 200

23 metres, roughly. That's clear. One hundred metres times 200 metres.

24 That's the rough surface area. Now, on that area, there are buildings

25 there too, so it's not an empty place this space, this 100 by 200. And

1 you claim that there were that many people there. Just yes or no. One

2 hundred thousand.

3 A. I already said I couldn't count them one by one, but I said about

4 10.000 people who were driven out of Bardh i Madhe village, Fushe Kosove,

5 and on a critical day, even from Dragodan.

6 Q. All right. You said that on the 28th of March, you and some of

7 your associates or family members or KLA soldiers, it doesn't matter any

8 longer, that you slept in a shelter not far from your home. Yes or no.

9 A. Yes.

10 Q. Was that a dug-in shelter of any kind?

11 A. Yes.

12 Q. And what was it made out of, built of?

13 A. It was a hole dug in the ground. It was -- a hole was built and

14 it was disguised, which the Serb forces, paramilitaries, they stayed

15 there. And it was a very well-disguised place. Nobody could detect it.

16 Q. All right. I'll skip a few of my questions because I see I just

17 have 11 more minutes. It's 11 to one. Describing the clash with the

18 police which you led from your house on the 31st of March, 1999, did you

19 throw hand grenades at the police on that occasion? And judging by what

20 you said, you killed six policemen. Is that correct?

21 A. It is not correct. We didn't see them with our own eyes because

22 some iron doors prevented them -- us. But when they came near, they

23 shouted in Serbian, "Open up your doors. Fuck your mothers." And they

24 shot in our direction, and we shot back, and that was it. We saw them

25 when they executed 13 people. This is something we saw with our own eyes,

1 not only myself but many other people who were there. I could tell you --

2 I could show you the place where that occurred.

3 Q. I'm asking you something else. How many policemen did you kill

4 then?

5 A. Five or six remained killed, as the witness said. Of course you

6 may have more precise figures because you were well-informed, certainly,

7 being their chairman.

8 Q. I am asking you. How many of them did you personally kill?

9 A. I said it very clearly. Personally, I didn't kill them. We were

10 protecting ourselves. I know that we fired back in response to their

11 firing, and some people got killed in the process. I can't tell you how

12 many. You may have a more precise figure.

13 Q. Well, I'm looking at your facts and figures. You said you threw

14 bombs, grenades. Now you say that five or six got killed, and I'm asking

15 you how many you personally killed.

16 JUDGE MAY: He has answered that. We can also read what's in the

17 statement in which he said: "We responded with return fire and threw a

18 number of hand grenades. I think about five or six of the police were

19 killed." Now, that's his account in the statement, and he's given his

20 answers about it.

21 THE ACCUSED: [Interpretation] All right. Very well.

22 MR. MILOSEVIC: [Interpretation]

23 Q. How many people took part on your side in that clash with the

24 police in what you refer to as an exchange of fire, or, "We responded with

25 return fire"?

1 A. I couldn't count them because there were rank and file people who

2 were there. I can't give you an exact figure. There were many people.

3 We were afraid. I have stated in my statement we were afraid because

4 there were about 300 women and children, and we were afraid for them lest

5 the Serb forces came and assaulted them. There were children, women from

6 my family, from other families. So we didn't have time to think who was

7 there but just to think what we would do in self-defence.

8 Q. All right. So on your side, on the KLA side, many people took

9 part in that clash, as you say. You didn't count them, but you said many;

10 is that right?

11 A. I didn't say there were many there in that particular place, but

12 there were many round about. I was with my own family members and people

13 were killed even while they were on board the trucks. They stopped at the

14 cemetery and they executed them. They stopped them when they were at the

15 tiles factory and executed some of them. So -- many things were happening

16 at the same time one couldn't follow up everything.

17 Q. Tell me this: San Giovanni, who came to you, was he an Albanian

18 by origin?

19 A. Who is this San Giovanni? Please be more explicit in your

20 question.

21 Q. I'm asking you about an individual whom I assume organised the

22 visit of the Italian parliamentarians to your house.

23 A. It happened during the time when we were having the education

24 there. It was not only that group. Many groups came there. There was

25 also the wife of Zimmerman who visited the schools.

1 Q. And what about Christopher Hill, the US ambassador? When did he

2 visit you?

3 A. I don't remember the date. I can't keep track of all the dates.

4 Q. Did he come once or several times?

5 A. Personally, I've seen him only once. He has come and visited the

6 school. You can ask him yourself. I know that he visited that home

7 school, and your police came and saw also the OSCE representatives coming

8 there. I have stated that in my deposition.

9 Q. And you said that you were also visited by the wife of US

10 Ambassador Zimmerman, that she came to your house too. That was at the

11 beginning of the 1990s.

12 A. She did not come to my home but to that home school, because I

13 used to live in another home when I gave one of my homes to be used as a

14 school. The murder of the school principal and the owner was something

15 that all knew about.

16 Q. So the school was the reason that they came, but I assume you met

17 them.

18 A. Yes.

19 Q. Now, when you met them, during these meetings, was there anybody

20 else, any other prominent representatives of the KLA or the political life

21 of the area, or Albanian political parties, or any other public officials,

22 personages?

23 A. I kindly ask the Chamber to recall that I haven't stated they

24 visited me. I have said that they visited the school. So you can find --

25 JUDGE MAY: We take that. You were asked if there were other

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1 prominent representatives present or not. If you can remember. If you

2 can't remember, just say so.

3 THE WITNESS: [Interpretation] I don't remember. They didn't visit

4 me, I said. They visited the school.

5 JUDGE MAY: Yes. Yes, Mr. Milosevic.

6 MR. MILOSEVIC: [Interpretation]

7 Q. Yes, but you would see them - you said that a moment ago - when

8 they visited the school. Did they know -- did you tell them that you were

9 a member of the KLA?

10 A. You must have forgotten that I never said that I met and talked to

11 them. I clearly said that they visited the school, but not me. You can

12 find the relevant documentation with the Human Rights Council. They

13 didn't come to visit me, never. They visited the school, my home when it

14 was used as a school, I mean, but not me personally.

15 JUDGE MAY: Yes. Anything else, Mr. Milosevic?

16 MR. MILOSEVIC: [Interpretation]

17 Q. Did you get any recognition for your activities in the KLA?

18 A. Yes. Not only me, but the entire Albanian people got recognition,

19 because today they are free. In the past, they didn't dare leave their

20 own yards, and today they are free. That is our remuneration.

21 JUDGE MAY: It's now 1.00.

22 Very briefly.

23 MR. KAY: Your Honour, I think the questioning of this witness is

24 quite considerable, in view of his importance and his evidence. I'm

25 looking at page 6 of his statement, paragraph 4, where there are issues

1 there that remained untouched, and it may be far more appropriate for the

2 accused, upon considering the matter with his advisors, may want to

3 develop a strategy in relation --

4 JUDGE MAY: Yes. It's a question of time, though.

5 This witness -- can this witness be here next Wednesday?

6 MR. RYNEVELD: Frankly, Your Honour, I hadn't anticipated him

7 being here that long, so I haven't made that inquiry. Perhaps he could be

8 asked personally whether -- I'm sorry. Without speaking to him, which I'm

9 not allowed to do now -- I thought he would be done today.

10 JUDGE MAY: Yes. Well, everybody did, and matters have developed.

11 Mr. Aliu, can you stay here until Wednesday? We're not sitting

12 until then. Or can you come back perhaps at a convenient time to conclude

13 your evidence?

14 THE WITNESS: [Interpretation] I can come another time. I'm busy

15 this time. I thought that I would be done today.

16 JUDGE MAY: Yes. So did everybody else.

17 [Trial Chamber confers]

18 JUDGE MAY: Mr. Kay, we've got to balance what's reasonable with

19 the points you want to make. If there are further points you want to

20 make, you can make them not through the witness, but directly to us. But

21 if you would like ten minutes, you can have it now, and then we'll

22 conclude.

23 MR. KAY: I'll see what I can do, Your Honour.

24 Questioned by Mr. Kay:

25 Q. Witness, I want to ask you some questions now about your

1 activities during the conflict in Kosovo in 1999. Do you understand?

2 A. Yes.

3 Q. You have made a statement, where you have said that, "Ten of us,

4 along with twelve of the civilians who decided to join us, went to the

5 hills and continued with our duties relating to the war."

6 Do you remember saying that?

7 A. Yes. This was after what happened in my home, and I had to leave

8 my home because I knew that if the Serb forces found me there - and some

9 people volunteered to join me, who wanted to join the army, the KLA, we

10 took to the hills and did join the army - there was no way out for me,

11 because I was sure that they had intercepted me somewhere. I knew what

12 would happen to me.

13 Q. In which area were you joining the army?

14 A. In Llap area.

15 Q. And were you taking part in armed battles with the Yugoslav army

16 or the police?

17 A. We didn't have a chance to engage in clashes because they

18 were -- the army and the police were in large numbers and they drove out

19 the population in a day and left in the direction of Hertica, Turucica.

20 When we were staying in Turucica, through the radio link, we heard from

21 our superiors that the commander of Llozhan station, called Zoran, had

22 ordered his -- had informed his superior, telling them that we would make

23 the waters of Batllava Slobova Lake red with the blood of the Albanians.

24 Then we received orders to head the population in the direction of

25 Prishtina to save them. We were dressed in civilian uniforms, and we were

1 escorting the population when we were ordered to see them up to Koliq but

2 no further, because we were in danger. Then, when they arrived in Makovc,

3 the massacre of 100 people occurred; that is, I think about 360 people

4 actually got killed there in that place.

5 Q. I'm asking you questions only about what you did, and I'd like you

6 to answer those questions rather than referring to any other matters,

7 because we only have a short period of time. Do you understand?

8 A. We did nothing on our own. We just executed orders. I'm telling

9 you what our commanders told us to do.

10 JUDGE MAY: Very well. Let counsel ask the witness this.

11 MR. KAY:

12 Q. Were you in operations with people from your unit before the war

13 started? Was it the same people you worked with?

14 A. I didn't understand you. I'm sorry.

15 Q. You told us that your job was that of logistics and that you had a

16 commander.

17 A. Yes.

18 Q. Were you operating with the same group of men or a different group

19 of men?

20 A. The Llap area had only one commander, and we acted all under the

21 same commander. We were many units. I don't know how you can understand

22 that. We had Rrustem Mustafa, with the pseudonym Remi, as our commander,

23 and he was that commander of Llap area. I was responsible for the

24 logistics unit, the others were responsible for other units, and so on.

25 Q. How many units did you have?

1 A. We had many units. It was not my job to know how many units there

2 were. I was quartermaster and I was responsible for providing supplies

3 and I had my collaborators with whom I worked.

4 JUDGE ROBINSON: You were in charge of logistics, so you should

5 have a very good idea as to the number of units.

6 THE WITNESS: [Interpretation] Yes, I was that.

7 JUDGE ROBINSON: Can you help us with the number of units?

8 THE WITNESS: [Interpretation] I think that we were one and the

9 same unit. We were taking part in an uprising to liberate our people. I

10 was doing my job in the logistics, and this is all I know.

11 MR. KAY:

12 Q. Were there armed units?

13 A. You mean the logistics unit or the other units of the KLA?

14 Q. Were there other units that were armed?

15 A. No. Only the KLA. There wasn't any other army. We didn't have

16 tanks and aviations, but we were popular uprisings, having light weapons.

17 Q. There were KLA units that had weapons that were conducting armed

18 battles; is that right?

19 A. Yes. Yes, they were part of KLA.

20 Q. As a logistics officer, were you supplying them with weapons

21 during the battles?

22 A. We supplied them with weapons before the battles, because during

23 the battles we couldn't do so. We could do nothing when they were

24 fighting. We supplied them with weapons before the clashes. We didn't

25 have much space to move around. There was only one area we had command

1 of.

2 Q. How many people worked in your logistics unit?

3 A. About 20 people. Not only in the Llap area. We were responsible

4 for the entire KLA, a total of 20 people.

5 Q. The 20 people in the logistics, were they in different bases

6 around Kosovo?

7 A. We were civilians staying -- we couldn't go to cities and towns.

8 I mean, we tried to disguise ourselves from the army and the police. We

9 supplied the KLA with foodstuffs, with clothes and footwear, and so on.

10 Q. You organised one area for a commander. Did the other logistics

11 officers, the 20 of them, did they work to other commanders in the areas

12 of Kosovo?

13 A. Yes. They worked for the Drenica, Shala areas, and other areas.

14 We used to supply all these areas. We were all involved in it.

15 Q. You've told us about receiving a shipment of arms. Were the other

16 logistics officers performing the same tasks as you, receiving arms and

17 distributing them?

18 A. Sir, we didn't have any ranks or anything. We were just a group

19 trying to contribute as much as we could, whoever could lay hands on arms

20 from the army, from the police. I supplied not only the Llap but for the

21 entire staff, because if Llap area had weapons and the others couldn't,

22 then how could the war be waged? So we systematically provided the KLA

23 members, fighters, with weapons. We didn't have a very clear division of

24 our responsibilities. We just provided -- for example, I provided weapons

25 in Gllogjan once. Another time, someone from Gllogjan gave weapons to

1 Llap. So this was how it was.

2 MR. KAY: And if the Court would permit me just one more matter.

3 JUDGE MAY: Yes.

4 MR. KAY: It's out of context to this, but it arises from

5 something I noticed in the transcript.

6 Q. You mentioned being involved as early as 1992, when the conflict

7 was happening in Croatia. Is that right?

8 A. I didn't say I was involved in the conflict in Croatia. I said

9 that when the conflict broke out in Croatia - please follow me

10 closely - when the conflict broke out, the Serb army, who was deployed in

11 Prishtina, they were sent to the war, and the soldiers didn't want to

12 fight in Croatia and in Bosnia, and they deserted. I used to know some

13 Serb citizens who were from those areas, and they addressed me -- they

14 called me on the phone, asking me to help them, their children, to take

15 them outside the border. And there was a meeting place where we met, and

16 I helped them. I felt it as an obligation, a human, moral, political

17 obligation to help them.

18 JUDGE MAY: Thank you.

19 Mr. Ryneveld, there isn't time for re-examination.

20 MR. RYNEVELD: No, Your Honour. Sorry, Your Honour. I

21 anticipated that, and although I have questions, I must forego them.

22 JUDGE MAY: Mr. Aliu, that concludes your evidence. Thank you for

23 coming to the International Tribunal to give it. You are free to go.

24 We'll adjourn until half past 9.00 Wednesday -- rather, 9.00, I

25 think it is.

1 [The witness withdrew]

2 --- Whereupon the hearing adjourned at 1.15 p.m.,

3 to be reconvened on Wednesday, the 1st day of May,

4 2002, at 9.00 a.m.

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