1 Monday, 11 March 2002

2 [Open session]

3 [The accused entered court]

4 [The witness entered court]

5 --- Upon commencing at 9.30 a.m.

6 JUDGE MAY: Yes. Let the witness take the declaration.

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

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

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

10 WITNESS: SAKIR TAC

11 [Witness answered through interpreter]

12 JUDGE MAY: Yes, Mr. Saxon.

13 MR. SAXON: Thank you, Your Honours. Good morning.

14 Examined by Mr. Saxon:

15 Q. Sir, would you --

16 A. Good morning.

17 Q. Would you state your full name, please.

18 A. Sakir Tac.

19 Q. Mr. Tac, what is your ethnicity?

20 A. Turkish.

21 Q. And is your first language Turkish?

22 A. Yes.

23 Q. But are you able to understand the Albanian language?

24 A. I understand it a bit.

25 Q. So today we'll be speaking using the Albanian language, but if

1 there is any moment when you don't understand something that you hear from

2 one of the interpreters, would you please tell us so --

3 A. Yes.

4 Q. -- that we can make sure your testimony is clear.

5 A. Yes.

6 Q. Can you do that?

7 A. I agree. Okay.

8 Q. And are you also able to understand the Serbian language?

9 A. I understand it a bit.

10 Q. Mr. Tac, where was your place of birth?

11 A. I was born in Mamusha.

12 Q. And is Mamusa in Kosovo?

13 A. Mamusha, yes, it's in Kosova.

14 Q. And your date of birth, Mr. Tac, when was that?

15 A. 5th of March, 1954.

16 Q. What is your occupation?

17 A. Farmer.

18 Q. When you were a younger man, did you perform your military service

19 in what was then the JNA?

20 A. Yes.

21 Q. What did you do in the army?

22 A. I was in the infantry.

23 Q. Where do you live today?

24 A. In the village of Mamusha.

25 Q. Did you live in Mamusa in 1999, Mr. Tac?

1 A. Yes.

2 Q. Today, are most of the residents of Mamusa of Turkish ethnicity,

3 like you?

4 A. Yes. Yes. Ninety per cent Turkish and 10 per cent Albanian.

5 Q. And in 1999, were most of the residents of Mamusa also Turkish,

6 with a minority of Albanians?

7 A. Yes, that's right.

8 Q. Did any Serbs live in Mamusa in 1999?

9 A. There have never been Serbs in Mamusha.

10 Q. 1999, approximately what was the normal population of Mamusa?

11 A. In the village of Mamusha alone?

12 Q. Yes.

13 A. About 5.500 to 6.000.

14 Q. All right. Mr. Tac, I'd like to show you a map, please.

15 MR. SAXON: And I'm going to ask the usher for some assistance

16 now. We have a map which will need a number, if Madam Registrar could

17 also assist us.

18 THE WITNESS: [Interpretation] Yes.

19 MR. SAXON: And if copies of this map could be distributed to the

20 Judges, to the accused, to the amici, and one to the Registry --

21 THE WITNESS: [Interpretation] Right.

22 MR. SAXON: -- and if a copy could be placed on the ELMO, please.

23 THE REGISTRAR: Prosecution Exhibit 51.

24 MR. SAXON: If I could ask that map could be projected on our

25 screens so that everyone can see it.

1 THE WITNESS: [Interpretation] Yes.

2 MR. SAXON:

3 Q. Mr. Tac, I'd like you to take a look at that map, and hopefully

4 you'll be able to --

5 A. Yes.

6 Q. -- identify some areas on it. Where -- in what municipality,

7 first of all, is the village of Mamusa?

8 A. In Prizren municipality.

9 Q. All right. Could you take up the pointer that's on the desk in

10 front of you and point on the map that's on that projector and point out

11 where Prizren --

12 A. Here. Prizren is here.

13 Q. All right. And let's go a little bit more slowly, please. And

14 where is the village of Mamusa?

15 A. [Indicates]

16 Q. All right. Mr. Tac, if you could, could you pick up a pen - and

17 hopefully there's a pen on the table in front of you - and draw a circle

18 where your village is.

19 A. [Marks]

20 Q. Thank you. And if you could, Mr. Tac, could you write your

21 initials, ST, next to that circle, please.

22 A. [Marks]

23 Q. Thank you. Mr. Tac, apart from Mamusa, were there any other towns

24 or villages -- are there any other towns or villages in that area of

25 Kosovo where the population is mostly of Turkish ethnicity?

1 A. Apart from Mamusha, there were Turks in Prizren, in Prishtina, and

2 in other towns a few, but really only in Mamusha there were Turks.

3 MR. SAXON: All right. That exhibit could be removed from the

4 ELMO now. Thank you.

5 Q. Mr. Tac, I'd like to ask you, please, to turn your mind to the

6 events of March 1999, if you will. In March of 1999, was there any KLA

7 presence --

8 A. Yes.

9 Q. -- in Mamusa?

10 A. There wasn't.

11 Q. At the same time, around March of 1999, did the Serb police patrol

12 in Mamusa from time to time?

13 A. They often came to watch the village.

14 Q. And Mr. Tac, do you recall when NATO forces began bombing in parts

15 of Kosovo on the 24th of March, 1999? Do you recall that?

16 A. Yes, I remember.

17 Q. Was there ever any NATO bombing in Mamusa?

18 A. No, there wasn't.

19 Q. Did the NATO bombing in Kosovo make you afraid?

20 A. No, they didn't. We were on their side.

21 Q. Could you be a little bit more specific as to what -- when you say

22 they didn't make you afraid --

23 A. No, we weren't afraid. We were all there in the village.

24 Q. Did you and your family remain in Mamusa throughout the war in

25 1999?

1 A. Yes. We were all in Mamusha.

2 Q. What happened, Mr. Tac, in Mamusa on the evening of the 25th of

3 March, 1999? Do you recall?

4 A. On the 25th of March, in Mamusha, at about 10.00 at night, a whole

5 group of refugees came, about 1.000.

6 Q. And if you know, Mr. Tac, where did these refugees come from?

7 A. They came from the surrounding villages. They all came from the

8 villages round about to Mamusha.

9 Q. What was the ethnicity of the refugees who came to Mamusa that

10 night?

11 A. They were Albanians.

12 Q. Did you speak to any of them?

13 A. The whole village was absolutely crammed full of them.

14 Q. Did any of these refugees stay in your house that night?

15 A. Yes, they did.

16 Q. And did they tell you -- did any of them tell you why they came to

17 Mamusa?

18 A. Yes. They said because it was quiet. To save their lives, that

19 was why they came to us.

20 Q. So why would they come to Mamusa, why would these refugees come to

21 Mamusa to save their lives? What was special about Mamusa?

22 A. Mamusha was very quiet at this time. There had been no

23 conflicts. They had come to save their lives.

24 Q. And approximately how many people of Albanian ethnicity sought

25 shelter in Mamusa beginning on the 25th of March?

1 A. On the 25th of March, they came about 10.00 at night. We didn't

2 see them, so we couldn't tell how many there were.

3 Q. By the next day, could you give an estimate as to how many people

4 were there?

5 JUDGE MAY: He has said a thousand.

6 MR. SAXON: He did say a thousand on that night, Your Honour.

7 A. No. No. On that day, we didn't see, but when we came out after

8 two days later, there were about 30.000.

9 MR. SAXON:

10 Q. Mr. Tac, let's move forward to the events of 27 March 1999. Were

11 you in Mamusa on that day?

12 A. Yes, in Mamusha.

13 Q. What happened on the 27th of March, 1999 in Mamusa?

14 A. On the 27th of March, 1999, at about 10.00 or 11.00, the army

15 came, with tanks, and entered Mamusha.

16 Q. And at this time I'd like to show you an exhibit, Mr. Tac.

17 MR. SAXON: And if the usher could assist me again to show Exhibit

18 17 to the witness.

19 Q. Mr. Tac, I'd like to ask you to take a look at the photograph that

20 has been placed on the projector next to you. A minute ago, you said the

21 army came in tanks, and I'm wondering if you could look at the

22 photographs --

23 A. Yes.

24 Q. -- if you could look at the photographs on those pages on the

25 projector and see if you can identify a photograph containing a tank as

1 you know it, the kind of tank that came on the 27th of March. Can you

2 take a look on the projector next --

3 A. There are none of them here.

4 MR. SAXON: Mr. Usher, can you put another page on, please.

5 THE WITNESS: [Interpretation] There. They had -- they had long

6 barrels.

7 MR. SAXON:

8 Q. And what number? Which photo, which number of photo are you

9 pointing to, Mr. Tac?

10 A. Number 6.

11 Q. All right. Thank you very much.

12 MR. SAXON: If those photographs could be removed now, please.

13 And if we could have Exhibit 18 placed on the ELMO as well.

14 Q. Mr. Tac, I'd like to ask you to take a look at the photographs

15 that are on the exhibit that's to your left and see if you can identify

16 the -- a photograph or photographs containing the uniform resembling the

17 uniforms worn by the soldiers that came to Mamusa on the 27th of March, if

18 it's there in that exhibit.

19 A. Number 5. They were camouflage uniforms.

20 Q. All right. Are there any other photos that also resemble the

21 uniforms that you saw?

22 A. The soldiers in green like that.

23 Q. And which number are you pointing to now?

24 A. Number 5.

25 Q. All right. Thank you very much. That can be removed now.

1 Mr. Tac, when the Serb army first arrived in Mamusa on the 27th of

2 March, where were the residents and the refugees that day?

3 A. In among the houses.

4 Q. What was the atmosphere like?

5 A. They came to the middle of the village -- into the middle of the

6 village with tanks, and the refugees were among the houses, and they told

7 us all to come out into the centre of the village.

8 Q. And at some point did the residents and the refugees leave their

9 houses and come to the centre?

10 A. We all went out with all the refugees and all the villagers of

11 Mamusha into the centre of the village.

12 Q. Mr. Tac, is there a road that runs through the centre of Mamusa?

13 A. Yes, there is. There is a road. It is a long one, and all the

14 road was full of people.

15 Q. Did anyone give any instructions to the people gathered in the

16 centre at that time?

17 A. The soldiers came in among them. I don't know who they were, but

18 they came in, in around the people.

19 Q. Were any instructions given to the people at that time?

20 A. Everybody was ordered to go out into the middle of the village,

21 the residents and the refugees alike.

22 Q. And what happened when all the people had gathered in the middle

23 of the village?

24 A. Yes. We went out of the houses and left the houses empty, and we

25 went out into the middle of the village and they said to us, "You of

1 Mamusha go on one side, and you refugees on another side."

2 Q. And when you say on one side or the other side, are you referring

3 to the road that runs through the centre of Mamusa?

4 A. No. No. The population of Mamusha at one side and then the

5 Albanian refugees separately.

6 Q. All right. What language did the soldiers speak?

7 A. Serbian.

8 Q. Were you able to understand what they said?

9 A. Yes, we understood. They said, "Separate yourselves. Refugees on

10 one side."

11 Q. And did the people -- did the people gathered there follow the

12 soldiers' instructions and divide into two groups, separate themselves?

13 A. We separated into two groups.

14 Q. Mr. Tac, why did the people follow the army's instructions on that

15 day?

16 A. We -- we were afraid. What else could we do?

17 Q. And when the people were divided into two groups that day, what

18 did the soldiers or their commander, if there was one, say to the people?

19 A. They said, "You people of Mamusha bring out your carts, buses,

20 trucks, everything you've got, and fill them with refugees and take them

21 away from here."

22 Q. How did you feel at that time?

23 A. He told me to get trucks and fill them with refugees, and all our

24 friends came out on the street with these vehicles and parked them there

25 and started to fill them up with people, all the buses and trucks.

1 Q. Did any of the displaced persons, the refugees who were in Mamusa

2 on that day, have their own vehicles?

3 A. Yes, there were some, but those carts were left in the yards.

4 Q. Did the soldiers -- or what, if anything, did the soldiers tell

5 the refugees to do with their vehicles?

6 A. We filled those carts and cars that had come out, and then they

7 asked, "How did all these people get to Mamusha?"

8 Q. And what was the response?

9 A. We told them that they had come with tractors and horses and carts

10 and anything that they had.

11 Q. And then what, if anything, did the soldiers say to do with those

12 tractors and trailers and carts belonging to the refugees?

13 A. All our vehicles were filled up, and they said, "All right. Don't

14 you use your carts, but let them go out with all their own carts and let

15 them all go out in the streets with what they have."

16 Q. And at that time, did any of the refugees bring their own

17 vehicles?

18 A. Yes. Those who had their carts went back and fetched them,

19 whatever they had, and they got on board, and then they set out.

20 Q. Let's go a little bit more slowly, Mr. Tac. Were the soldiers in

21 Mamusa carrying weapons that day?

22 A. Yes. They were all armed.

23 Q. Did you feel that the people had any choice as to whether to obey

24 the soldiers or not that day?

25 A. The people had no choice. We had to obey their orders. There was

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1 nothing we could do about it.

2 Q. Did any of the displaced Albanians that you saw, any of the

3 refugees that you saw in Mamusa that day, have any weapons?

4 A. You mean the Albanians? No, the Albanians didn't have any

5 weapons. If they did, they would have killed us. They were simply

6 refugees: children, women, elderly people.

7 Q. Were any of the refugees that you saw, the Albanians, wearing a

8 uniform that day in Mamusa?

9 A. No.

10 Q. Did you notice any planes bombing in the area that day?

11 A. No, I didn't.

12 Q. Did you see a battle going on or hear the sounds of a battle

13 taking place on that day?

14 A. No. In Mamusha village, there was never any fighting, not only

15 that day, but never; never in the past did we have any fighting there.

16 Q. At some point was a convoy made of the vehicles owned by the

17 refugees in Mamusa?

18 A. Yes. There was a convoy of refugees. We, the inhabitants of

19 Mamusha, were sitting aside.

20 Q. Do you own a truck, Mr. Tac?

21 A. Yes, I do.

22 Q. Did you use your truck on that day or did you remain in Mamusa?

23 A. That day, I did not use my truck. Other friends of mine did. I,

24 no; I didn't.

25 Q. Did you watch the convoy of vehicles when it left Mamusa?

1 A. Yes. We all saw them leave for Prizren or I don't know where they

2 were taking them.

3 Q. On that day, did the Albanian residents of Mamusa remain in Mamusa

4 or did they also join the convoy?

5 A. They were in Mamusha together. We were all together there.

6 Q. So just so that the record is clear, the Albanians who lived in

7 Mamusa stayed there on that day; is that correct?

8 A. Yes. They stayed together with us, the Albanians of Mamusha.

9 Q. Mr. Tac, after the convoy and the refugees left, did the commander

10 of the soldiers say anything to the people who remained behind in Mamusa?

11 A. Yes. There was a commander. I don't know who he was. He told us

12 that all women, elderly, and children should go back to their homes.

13 Q. And what happened after all the elderly and women and children

14 went back to their homes?

15 A. We remained there. Then they gathered us together in the middle

16 of the village, all of us villagers of Mamusha.

17 Q. And what was said to the villagers of Mamusa at that time by the

18 soldiers?

19 A. One of them got on a ladder and then he said to us, "Look here,

20 you villagers of Mamusha. If you do something against us, we are going to

21 burn your homes and to kill you." And we said, "No, we are not going to

22 do anything to you."

23 Q. Just so that the record is clear, the translation that I heard

24 says that one of them got on a ladder. Would it be more accurate to say

25 that one of them got on a staircase?

1 A. Yes. Yes. It was a small staircase, and he got on top of it. In

2 front of a shop, it was. And he told us, "If you fire at us, if you do

3 something against us, we are going to kill you, to burn your homes." We

4 said, "No, we aren't going to do anything against you," and we never did,

5 in fact.

6 Q. And in fact, at any time, Mr. Tac, during the day of the 27th of

7 March, or that evening, did anyone from Mamusa shoot at the soldiers?

8 A. No. We went back to our homes, all of us.

9 Q. Now, you mentioned before that some of your friends from Mamusa

10 were driving vehicles in the convoy that left that day towards Prizren.

11 Approximately what time did your --

12 A. Yes. They left. First there were the buses, trucks from Mamusha

13 that left to Prizren, then the refugees got on their own cars and, as I

14 said, we were left behind.

15 Q. Mr. Tac, I understand that, so I'd like you just to listen to my

16 question. My question is: Approximately what time did your friends who

17 drove vehicles in that convoy return to Mamusa?

18 A. I don't know. We didn't see them that night. We saw them on the

19 next day but not that night.

20 Q. All right. On the following day, did you have an opportunity to

21 speak to any of your friends who had driven a vehicle in that convoy?

22 A. Yes.

23 Q. Did they tell you where they had taken the refugees?

24 A. Yes. They told us that they had taken the refugees to the border

25 with Albania.

1 Q. Let's talk now, Mr. Tac, about the evening of 27 March, 1999. On

2 that evening, where were you?

3 A. I was at home. All of us were at home.

4 Q. And what happened in Mamusa that evening?

5 A. That night - it was about 6.00 in the afternoon - we saw that the

6 houses of the village started to go in flames.

7 Q. Was it dark?

8 A. Yes, it was dark. About 6.00.

9 Q. And how were you able to see what was happening?

10 A. We were in our own homes and then we saw flames coming out of some

11 houses. We were inside. It was from a distance. We could see the smoke

12 and the flames. We were -- we went to our cellars to hide there.

13 Q. About how many houses were burned in Mamusa that night?

14 A. About 30, I think.

15 Q. Did anyone in those houses die as a result of the fires that

16 night?

17 A. That night, we didn't know what was happening, I mean in terms of

18 people who got killed or injured. On the next day, we found out that

19 seven people had been killed.

20 Q. What was the ethnicity of the persons who perished that night in

21 Mamusa?

22 A. Three Turks, four Albanians.

23 Q. At some point during that evening, the 27th of March, did a tank

24 come near the village of Mamusa?

25 A. Yes. A tank was coming in the direction of Mamusha. When it came

1 in the village, we went to a brook nearby. No. I'm sorry. The tank had

2 an accident and rolled over.

3 Q. Who did the tank belong to, if you know?

4 A. It belonged to the army, the Serb army.

5 Q. When you say that the tank rolled over, where did this tank roll

6 over?

7 A. It rolled over about 200, 300 metres above the village it was.

8 Q. After this tank rolled over, were more homes set on fire in

9 Mamusa?

10 A. We didn't know what was happening, but we found out that this

11 burning stopped.

12 Q. All right. Did you actually see the tank where it was lying when

13 it rolled over?

14 A. I didn't see the tank that night, but on the next day when they

15 came to pull it over with a crane, we saw the army troops passing by in

16 the middle of the village to go to the place where the tank had the

17 accident.

18 Q. Were you able to see who started the fires in Mamusa on the

19 evening of 27 March?

20 A. I didn't see who set the fire, but people there know.

21 Q. The following day, on the 28th of March, did you discuss the fires

22 with any of the people who fled the burning homes?

23 A. They left, and then the army came and they set fire to the houses,

24 and they drove us away from our homes. It was the Serb Yugoslav army that

25 did that.

1 Q. Mr. Tac, did anyone tell you that it was the Serb army who set

2 fire to those homes?

3 A. Yes, they did. The Serb army has burned the homes, and they drove

4 us away from our homes, and they killed seven people.

5 Q. Mr. Tac, my question is: Who told you that? Do you recall who

6 told you that?

7 A. Our villagers who left their homes, they told us.

8 Q. And on the 28th of March, was there a funeral in Mamusa?

9 A. Yes, there was a funeral. We buried the people who were killed.

10 Q. Let's move forward now to the events of the 2nd of April, 1999.

11 Mr. Tac, on that day, were you at home in Mamusa?

12 A. Yes, I was in Mamusha.

13 Q. At about noon on April 2nd, what happened in Mamusa?

14 A. On the 2nd of April - it was in the afternoon at about 12.00 or

15 1.00 - the police came to the centre of the village.

16 Q. Approximately how many police came to Mamusa that day?

17 A. Five or six, I think.

18 Q. And what, if anything, did the police tell the people in the

19 centre of the village to do?

20 A. They -- they told us to give us [as interpreted] our trucks.

21 Q. I'm not quite sure --

22 A. To give them our trucks. They needed our trucks. This is what

23 they told us.

24 Q. Did the police want the villagers to bring their trucks

25 somewhere?

1 A. They wanted us to bring out our trucks to the road.

2 Q. Mr. Tac, did you hear the police give this order or did someone

3 tell you about it?

4 A. I was at home, and someone told the villagers who went to the

5 middle of the village. He said, "All of you bring out your trucks to the

6 road."

7 Q. And how were you informed about this order?

8 A. Some of the trucks were about to leave, and a neighbour of mine

9 came up to me and said, "You, too, should come out with your truck."

10 Q. And so what did you do?

11 A. I took my truck and I drove to the road.

12 Q. When you reached the road, what did you do?

13 A. When we reached the road, we parked beside the road and we were

14 waiting for them to tell us what they wanted us to do.

15 Q. When you were parked in a line along that road, did you see the

16 policemen there on the road?

17 A. Yes. The police were coming around the cars and trucks.

18 Q. Were the police armed that day?

19 A. Yes, they were armed.

20 Q. Mr. Tac, did you come to learn the identity of any of the police

21 at that time?

22 A. Serb police.

23 Q. My question really was: Did you learn the identity of any of the

24 individual policemen who were in Mamusa on that afternoon?

25 A. I didn't know any one of them, but some of my friends said that

1 this policeman is called Sipka.

2 MR. SAXON: If I could, I'd like to ask the usher's assistance one

3 more time, and if we could show Exhibit 18, have that placed on the

4 projector, please, once again.

5 Q. Mr. Tac, I'd like to ask you to please look at the photographs

6 that have been placed to your left, and if you can, if you could point out

7 a photograph that shows the uniforms or uniform worn by the policemen on

8 that day.

9 A. This blue uniform.

10 Q. Which number -- which photograph number were you pointing to? Is

11 that 4?

12 A. This one here. The blue, number 4.

13 Q. All right. Thank you.

14 MR. SAXON: That exhibit can be removed now.

15 Q. Mr. Tac, while you were parked in your truck on the road, did any

16 of the other drivers from Mamusa arrive late or even without their truck?

17 A. A friend came and said, "My truck has broken down."

18 Q. And what, if anything, did the man known as Sipka, known to you as

19 Sipka, say to this friend whose truck had broken down?

20 A. He said, "Come out with your truck in five minutes, otherwise I'll

21 burn your house."

22 Q. What language did Sipka speak?

23 A. Serbian.

24 Q. Were you close enough to hear him?

25 A. Yes. I was just there by my vehicle and he was forced to bring

1 his vehicle and come.

2 Q. Eventually, Mr. Tac, about how many trucks were lined up along

3 that road?

4 A. There were 12 of us.

5 Q. And when all the trucks were lined up, what, if anything, did the

6 policeman known as Sipka do?

7 A. He walked along the trucks and told us to start them up, get

8 ready.

9 Q. And then what happened?

10 A. We started the trucks up and got into the vehicles, and he was in

11 front and we were behind him.

12 Q. And did you and the other drivers follow Mr. Sipka in your trucks?

13 A. Yes. We all went after him.

14 Q. Why? Why did you follow him?

15 A. Well, he told us to come out in our trucks and set off after him.

16 We were forced to set off after him.

17 Q. And when the trucks left the village of Mamusa on that day, where

18 did they go?

19 A. To Medred, Xerxe, and then to Pirana.

20 Q. Is there a road junction in Pirane, an intersection?

21 A. There's a crossroads to Rahovec and to Prizren.

22 Q. And did Mr. Sipka stop anywhere?

23 A. He stopped at Pirana and told us -- and indicated to us with his

24 hand: Go up there towards Rahovec.

25 Q. And did you and the other drivers continue driving towards

1 Rahovec?

2 A. We went on towards Rahovec, and when we arrived in Xerxe, the

3 police stopped us.

4 Q. And what did the police who stopped you in Zrze tell you to do?

5 A. In Xerxe, they pointed us towards Rahovec.

6 Q. And eventually did you pass through Rahovec?

7 A. We were directed to Rahovec, and the police in Rahovec stopped us

8 again.

9 Q. And what did the police who stopped you in Rahovec tell you to do?

10 A. They told us to go to Malisheva.

11 Q. And Mr. Tac, eventually did you arrive in the centre of Malisheva?

12 A. Yes. We went to Malisheva.

13 Q. And what did you see when you arrived in the centre of Malisheva?

14 A. There were a lot of refugees in Malisheva, and Serbian police and

15 soldiers surrounding the refugees there.

16 Q. When you say "a lot," could you describe what you mean by "a

17 lot"?

18 A. There were -- I can't give you a number, but there was an

19 unimaginable number of refugees there.

20 Q. To your knowledge, Mr. Tac, what was the ethnicity of these

21 refugees in Malisevo that day?

22 A. Albanians.

23 Q. When you arrived in Malisevo that day, did you see any planes

24 dropping bombs?

25 A. No. We didn't see anything like that.

1 Q. Did you hear the sounds of shooting or of a battle taking place?

2 A. No. I didn't hear anything like that. I only saw refugees,

3 policemen, and soldiers.

4 Q. When you parked in the centre of Malisevo, what, if anything, did

5 the police do?

6 A. The police told us to get down and to open down the gates of the

7 trucks. So we opened up the trucks.

8 Q. And what happened then?

9 A. Then they told the refugees, "Go on. Get into the trucks."

10 Q. And did the refugees there in Malisevo get into the trucks?

11 A. They did, and the trucks were filled up and we closed them.

12 Q. Mr. Tac, how did you know that the people there in Malisevo were

13 refugees?

14 A. They were refugees. Malisheva was absolutely full. All the

15 area -- the entire area of Malisheva had gathered there.

16 Q. My question is: How did you know that these people were -- that

17 these people were refugees who had gathered in Malisevo? Did you speak to

18 any of them?

19 A. We spoke to them and said, "Here you go. Go on, get into our

20 trucks."

21 Q. I'll move on. After the trucks from Mamusa were filled with

22 people, what, if anything, did the police tell you to do?

23 A. I didn't understand the question. I was in the truck.

24 Q. All right. After the refugees, as you called them, got into the

25 trucks, what, if anything, did the police tell you to do?

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1 A. They said, "You set off for Prizren." They said, "Go on. When

2 they're full up, off you go."

3 Q. Well, how did you and the other drivers know where to go?

4 A. They said -- beforehand they said, "Fill up the trucks and then go

5 to Albania." They told us.

6 Q. All right. And did you then begin to drive towards the Albanian

7 border?

8 A. We set off from Malisheva to Rahovec, Xerxe, Pirana, Prizren.

9 Q. Along the route, were you stopped along the way?

10 A. Yes, they stopped us at Ostrozub. The Serbian army stopped us at

11 Ostrozub, about ten kilometres from Malisheva.

12 Q. And what did these soldiers do when they stopped you?

13 A. They stopped us and asked for money from us.

14 Q. What language did these men speak?

15 A. Serbian.

16 Q. Did you give them any money?

17 A. They forced us to give them some. I had about 500 marks, and I

18 was forced to give them to them.

19 Q. After you gave these men some money, did you continue to drive

20 towards the Albanian border?

21 A. They held us up about 20 minutes and then we set off.

22 Q. And did you continue to drive towards the Albanian border?

23 A. Yes. We continued on toward the Albanian border.

24 Q. Along the way, did you see any planes dropping any bombs?

25 A. No. Rain was falling. We didn't see anything.

1 Q. Along the way, did you see any battles taking place or hear the

2 sounds of a battle?

3 A. No. I didn't see anything like that.

4 Q. Mr. Tac, were you able to drive as far as the Albanian border that

5 evening?

6 A. We couldn't get to the border that night. We went as far as

7 Zhur.

8 Q. Now, is Zhur a village close to the border of Albania?

9 A. It's about six kilometres away. I don't know exactly, but six or

10 seven.

11 Q. All right. Why did you stop --

12 JUDGE ROBINSON: Mr. Saxon, while they were driving to the

13 Albanian border, was there any Serb police or army with them?

14 THE WITNESS: [Interpretation] No. They -- they weren't with us

15 along the road.

16 JUDGE ROBINSON: Yes. Proceed.

17 MR. SAXON: Thank you, Your Honour.

18 Q. If there were no Serb forces driving with you along the road, why

19 did you continue to drive towards the Albanian border?

20 A. There wasn't, but they told us to take these people straight to

21 Albania. So we were forced to take them. There was nothing else we could

22 do.

23 Q. Mr. Tac, why did you stop in the village of Zhur?

24 A. When we came to Zhur, the road was closed.

25 Q. When you say the road was closed, do you mean that the road was --

1 was full or jammed, or what do you mean by "closed"?

2 A. It was full of trucks and buses. You couldn't -- you couldn't

3 continue. It was just absolutely full. And we came up against this truck

4 and had to stop ourselves.

5 Q. So the road between Zhur and the boarder was full. So you

6 couldn't go any further; is that right?

7 A. We couldn't go any further, uh-huh, so they had to walk.

8 Q. When you stopped in Zhur, did you say anything to the Albanians in

9 your truck?

10 A. Yes. We told them, "Okay, friends, we have reached Zhur. We

11 can't go any further. We'll have to wait for two days. Can you get off

12 and go on by foot towards Albania?"

13 Q. And how did the people in your truck respond to that?

14 A. They said, "Where are we?" "We're in Zhur." "Is the border

15 far?" And I said, "It's six or seven kilometres, no further than that."

16 Q. And then did the people in your truck leave the truck?

17 A. "All right," they said, "Thank you for taking us this far." And

18 they got off and got out of the truck.

19 Q. Was there any discussion then?

20 A. No. "Thank you for bringing us this far. You brought us as if by

21 plane." And we said goodbye and we said, "Safe journey," and we went one

22 direction, they went in another. And we said, "God willing, you'll be all

23 right," and we went back.

24 Q. When you say, "We went back," what did you and the other drivers

25 do?

1 A. We were 12 trucks and we returned to Prizren again.

2 Q. Were you stopped along the road before you got to Prizren?

3 A. Yes. The police stopped us in between Zhur and Prizren, along the

4 road.

5 Q. When the police stopped you at that time, did they ask you

6 anything?

7 A. They asked us, "Where are you going?"

8 Q. And how did you respond?

9 A. We told them that we are those people whom you ordered to take the

10 people to the border, so we are going back home now.

11 Q. And what response, if any, did the police make to you?

12 A. The police told us, "Go to Prizren and let everybody know that you

13 are there."

14 Q. Where specifically in Prizren did you have to go?

15 A. We went -- at the entrance to Prizren, all of us went and reported

16 that we were back.

17 Q. When you say "we reported," who did you report to?

18 A. The police.

19 Q. All right. Then at that time, when you reported to the police in

20 Prizren, what, if anything, did the police in Prizren tell you and the

21 other drivers to do?

22 A. After we reported there, they said, "You should go back to

23 Malisheva and get another wave of refugees."

24 Q. And did you then drive back to Malisevo to pick up more people?

25 A. No, we did not go. We said to them, "We don't have fuel, so we

1 can't go." They held us up there for about two hours.

2 Q. And after about two hours, where did you --

3 A. After two hours, they let us go, and we set out for our own homes.

4 Q. And did you and the other drivers return to Mamusa at that time?

5 A. Yes, we returned to Mamusha, all of us.

6 MR. SAXON: I'd like to ask the assistance of Mr. Usher again. If

7 we can place the first map that was shown to Mr. Tac a few minutes ago, if

8 we could place that map back on the ELMO, Exhibit 51.

9 Q. Mr. Tac, you see I've put the same map on the projector next to

10 you, and if you would, I'd like to ask you to help us out, please, to

11 explain the route that you took from Malisevo to the village of Zur that

12 evening. Could you pick up the green marker that's on the desk in front

13 of you and could you draw a line to show the route that you took from

14 Malisevo, going towards the border with Albania, to the village of Zur on

15 the 2nd of April.

16 A. Yes.

17 Q. All right. Thank you for that.

18 MR. SAXON: Your Honour, at this time I would tender Exhibit 51

19 for admission --

20 JUDGE ROBINSON: Mr. Saxon, could he give us an estimate of that

21 distance?

22 MR. SAXON:

23 Q. Approximately how many kilometres would it be to drive from

24 Malisevo to Zur, Mr. Tac, if you know?

25 A. I can't give you an accurate figure, in fact.

1 Q. About how long did the drive take you on the evening of 2nd April?

2 A. We didn't have -- we were not in a state of mind to see, to watch

3 the time. Maybe it took us about two hours, I would say.

4 Q. Very well.

5 MR. SAXON: At this time, if there's no objection, I would tender

6 Exhibit 51. May I have the Court's indulgence, please.

7 [Prosecution counsel confer]

8 MR. SAXON: Your Honours, at this time I have no further

9 questions. Thank you.

10 JUDGE MAY: Thank you.

11 Yes, Mr. Milosevic.

12 Cross-examined by Mr. Milosevic:

13 Q. [Interpretation] Let's start from the end, the end of what Mr. Tac

14 has just been saying. Malisevo was full of refugees, you said; is that

15 right?

16 A. Yes, that's right.

17 Q. In your opinion, were those refugees able to be put up somewhere

18 there in Malisevo?

19 A. They were outside. When I saw them, they were gathered in the

20 middle of Malisheva. There was no place they could go to.

21 Q. That means it was logical that somebody should take them away from

22 that place, where they had nowhere to go, nowhere to be put up, to be

23 evacuated somewhere, to be taken away to safety somewhere; is that right?

24 A. I didn't understand that.

25 Q. They wanted to take refuge somewhere from that place. They didn't

1 have anywhere to go to be put up there, did they?

2 A. They didn't tell us that we are going somewhere. The police told

3 us to go and pick them up and take them to Albania. The refugees didn't

4 say anything to us themselves.

5 Q. And what did the refugees say to you?

6 A. Nothing. They just got on our trucks, and we drove them in the

7 direction of Albania.

8 Q. A moment ago you said that they didn't have anywhere to take

9 refuge and to be put up in Malisevo. That's what you said a moment ago.

10 A. Yes. I said what I did. I mean, I spoke about the people I took

11 to the place. I don't know what happened to the others. The others were

12 left behind.

13 Q. All right. You helped them leave Malisevo, take them away. And

14 you said that they weren't able to take shelter anywhere or be put up

15 anywhere in Malisevo because there were so many of them. So do you

16 consider that you helped those people?

17 A. Of course I helped those that I took in my truck, but I don't know

18 what happened to the others that were left behind.

19 Q. I'm talking about the ones that you took with you. You helped

20 them. You helped them --

21 JUDGE MAY: He's agreed to that. He's agreed to that.

22 MR. MILOSEVIC: [Interpretation]

23 Q. Second, you said that you weren't escorted by either the army or

24 the police en route while you were taking away the refugees you helped.

25 A. Yes. We were not escorted, I said, up to Pirana. The police

1 escorted us up to Pirana. After Pirana, we were alone. Then in

2 Malisheva, the police appeared again and then we left for the border.

3 Q. Where did you say the police appeared again? Where was that?

4 A. Xerxe, Rahovec, again in Malisheva. The police and the army were

5 there.

6 Q. Yes, but you left Malisevo and took the refugees that you helped.

7 You took them off. And the police stayed in Malisevo, according to your

8 own explanation. Yes or no.

9 A. Yes.

10 Q. And when you arrived after, as you yourself said, two hours

11 journey to Zur, was it raining all the time?

12 A. Yes, it was raining.

13 Q. Did you stop off anywhere along the road for somebody to get out

14 for any of their needs, requirements, to get some water or things like

15 that?

16 A. We stopped only in Ostrozub where the army stopped us. After

17 that, after Ostrozub, we didn't stop anywhere else.

18 Q. Didn't the refugees ask you to stop for them to be able to see to

19 some of their needs?

20 A. No. No. Who saw to their needs then? We had just to move in the

21 direction of the border, and we stopped nowhere along the route.

22 Q. Were the refugees hurrying to get there as soon as possible or was

23 it only you who was in a hurry because of your truck?

24 A. They were sleeping while we were driving. They didn't know where

25 we were driving them. They had no idea.

1 Q. Didn't they hear what you heard yourself because they were right

2 next to you? So if they told you to drive them off towards Zur or

3 Albania, how come the Albanians didn't hear that? How do you explain

4 that?

5 A. I didn't understand. Sorry.

6 THE WITNESS: [Interpretation] Can you tell him to repeat, please?

7 MR. MILOSEVIC: [Interpretation]

8 Q. In Malisevo, you were told to take them off towards the border, to

9 drive them towards the border; is that right? Yes or no.

10 A. In Malisheva, the police and the army told us, "Drive straight to

11 the border. Take these people there." And this is what we did.

12 Q. What about the people you were driving? Did they hear that? Did

13 they hear the same thing you heard, what they told you, or were they far

14 away from you? Were you told that in secret or were the people present

15 too?

16 A. I was in my cabin. I was driving. They were behind. I don't

17 know if they heard this or not. They told us driver to do that -- drivers

18 to do that.

19 Q. All right. But a moment ago you said that the others didn't know

20 about it, didn't know where they were going. Now you say you don't know

21 if they heard or not where they were being taken. So did they hear or did

22 they not hear? Which of the two is it?

23 JUDGE MAY: He can't -- he can't answer -- wait a moment. Wait a

24 moment. Wait a moment. He can't answer for them. Now, it appears not

25 very much turns on this.

1 THE ACCUSED: [Interpretation] All right.

2 JUDGE KWON: Just a second.

3 Mr. Tac, you said earlier that when you took the refugees to Zur,

4 they said to you -- they asked you, "Is the border far?" And you said,

5 "It's no more than six or seven kilometres." And the people said to you,

6 "Thank you for taking us this far." And you --

7 THE WITNESS: [Interpretation] They thanked us for having brought

8 them so far.

9 JUDGE KWON: Doesn't it mean that they knew already that they were

10 heading to the Albanian border?

11 THE WITNESS: [Interpretation] I don't know if they knew or not.

12 We just told them that, "This is Zhur, and from here, the border is about

13 six, seven kilometres," and I don't know what happened to them after

14 that.

15 JUDGE KWON: Okay. Go on, Mr. Milosevic.

16 THE ACCUSED: [Interpretation] Yes. That's where I was going to

17 continue.

18 MR. MILOSEVIC: [Interpretation]

19 Q. You said you stopped off after Zur because the road was closed; is

20 that right?

21 A. Yes, that's right.

22 Q. It was closed because there were many other vehicles that were on

23 the road which were standing there in front of you; is that right?

24 A. Yes. Yes, because of the other vehicles, buses, trucks. We had

25 to stop there too.

1 Q. So you stopped at the end of this column?

2 A. Yes, we stopped at the end of the column.

3 Q. Why didn't you wait for the column to move forward?

4 A. We didn't know when the column would start to move forward. We

5 didn't have time to wait there for two days. If we -- if -- we told the

6 refugees, "If you don't want to walk, we can drive you," but they said,

7 "Okay, we will walk."

8 Q. All right. So you didn't have time to wait for the column to

9 start moving forward.

10 A. Maybe we had time, but this is what we told them. "Can you

11 walk?" And they said, "Yes," and they left.

12 Q. All right. Did you or did you not have time? You said you didn't

13 have time to wait, so that you told your passengers, the people on the

14 trucks, that they should go on, on foot.

15 A. We had time, but they said we would have to wait a long time here,

16 so they set off on foot.

17 Q. Who decided that they should set off on foot? Did you decide that

18 or did they decide that? Did you decide to tell them to get off and go

19 and continue their journey on foot or did they think it would be better

20 for them to continue on foot? Which of the two is it?

21 A. We ourselves, all we drivers gathered together, and we said,

22 "Okay. Can you get off and continue on foot?" And they said, "Okay,"

23 and they continued on foot.

24 Q. And then they thanked you for bringing them thus far; is that

25 right?

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1 A. Yes. Yes.

2 Q. You said a moment ago while you were testifying, "We told the

3 refugees that they couldn't go any further and that they should get off

4 the trucks and continue their journey on foot." That's what you told

5 them, according to your own testimony. Is that right?

6 A. We told them, "You would have to wait a long time here, and you

7 could set off on foot," and they did.

8 Q. All right. So that means they set off on foot because they

9 accepted your proposal to do so; is that it?

10 A. Yes, on foot. It's true; they set off on foot.

11 Q. At your suggestion?

12 JUDGE MAY: No. We've been over this.

13 THE ACCUSED: [Interpretation] All right. If we've come to that

14 observation, I don't mind. I can go on. But let me go back to the

15 beginning now. I wanted to clear up this matter first, what we've just

16 heard.

17 MR. MILOSEVIC: [Interpretation]

18 Q. Mr. Tac, were you ever in hospital up until now?

19 A. Yes.

20 Q. How long did you spend in hospital?

21 A. Twelve days.

22 Q. When did you leave hospital?

23 A. This was in 1994.

24 Q. I'm asking you about these recent weeks. Were you in a hospital

25 recently, in the past few weeks?

1 A. No, I haven't been.

2 Q. So since 1994, you haven't been to hospital; is that it?

3 A. No, I haven't been since then.

4 Q. All right. According to information that I have here, throughout

5 the war, in the village of Mamusa, it was completely quiet. Is that

6 right? Is that correct?

7 A. Mamusha, during those days, between 24th of March and 2nd April,

8 it was quiet, and then we stayed in the village there. It was not quiet

9 then, but then later on it was.

10 Q. There were two checkpoints set up by the police on both sides of

11 the village, and life was quiet in the village; is that true? Is that

12 right?

13 JUDGE MAY: He said that, apart from the times which he's

14 described in his evidence.

15 THE WITNESS: There was no checkpoint at Mamusha.

16 MR. MILOSEVIC: [Interpretation]

17 Q. Not in Mamusa. I said near Mamusa, not in Mamusa. There weren't

18 any in Mamusa.

19 A. I didn't go anywhere after 2nd of April. I didn't see any

20 checkpoints. I was at home.

21 Q. Do you remember that the locals, during the war, kept an

22 unexploded rocket, air rocket? Did you see that air rocket? They kept it

23 in Mamusa. Missile, sorry. Missile.

24 A. No, I didn't see this. No bombs fell on Mamusha, and I didn't see

25 anything.

1 Q. You live in the northern part of Mamusa and you have your own

2 private shop in the house in which you live; is that correct?

3 A. No, we don't.

4 Q. Apart from farming, are you a truck driver?

5 A. Yes. Yes. I drive my own truck.

6 Q. You said that the village, up until the war, was inhabited 90 per

7 cent by Turks and 10 per cent by Albanians and that that's how it remained

8 after the war as well, that the population structure is 90 per cent Turks,

9 10 per cent Albanians. Is that right?

10 A. Yes, that's right. The same. That's right. The same after the

11 war too.

12 Q. So that means that nothing has changed compared to before the war,

13 nothing has changed in the village of Mamusa since before the war?

14 A. No, nothing has changed. It's the same. Nothing has changed.

15 Q. According to my information and the figures, up until the war, the

16 whole village of Mamusa lived in a normal way, as loyal citizens to

17 Serbia, and I also have information that you would go out to all the

18 elections that took place from 1990 to 1997. Is that correct?

19 A. For myself, I didn't go to the polls. I don't know what the rest

20 did.

21 Q. Do you know that the locals from Mamusa went to the polls

22 regularly, regardless of the fact that you say that you yourself didn't?

23 Are you aware of that fact?

24 JUDGE MAY: He says he doesn't know.

25 MR. MILOSEVIC: [Interpretation]

1 Q. All right. In the village, there is a primary school, and the

2 director of that primary school was Abdul Tac, a Turk; is that correct?

3 A. Yes, Abdul Tac. That's right, a Turk.

4 Q. Are you cousins or related in any way?

5 A. No, we're not. We're fellow villagers.

6 Q. The director of the clinic in the village is also a Turk; is that

7 right?

8 A. Yes, a Turk.

9 Q. And the director of the post office too, also a Turk; right?

10 A. Yes, he's a Turk.

11 Q. Director of the chicken farm, Refki Mazik [phoen], also a Turk;

12 right?

13 A. He died. Refki died a long time ago. And the farm doesn't work;

14 it doesn't exist.

15 JUDGE MAY: It's 11.00. We're going to adjourn now.

16 Mr. Milosevic, no doubt you will explain the relevance of those

17 last few questions after the adjournment.

18 Mr. Tac, we're going to adjourn, as I said, for half an hour.

19 During the adjournment, don't speak to anybody about your evidence and

20 don't let anybody speak to you about it, including members of the

21 Prosecution team.

22 Let me add this before we adjourn: We will sit this afternoon

23 until a convenient time for a break, about a quarter to 4.00 or so, and

24 thereafter we'll hear the submissions on the written statements before

25 adjourning at half past 4.00.

1 Half past.

2 --- Recess taken at 11.00 a.m.

3 --- On resuming at 11.30 a.m.

4 JUDGE MAY: Yes, Mr. Milosevic.

5 MR. MILOSEVIC: [Interpretation]

6 Q. You asked what the relevancy of my question was. The thing is

7 that in normal life with normal interrelations and an indubitable display

8 and exercise of human and political rights that was enjoyed by Turks in

9 Kosovo and Metohija.

10 Do you remember that, just before the aggression, that Prizren was

11 twice visited by representatives of the Turkish embassy, who talked to

12 Turkish political parties both from Prizren and Mamusa and that at that

13 time mutual satisfaction was expressed between -- with the relations

14 between the authorities and the members of the Turkish minority? Do you

15 remember that?

16 A. Tell me the question again. I don't know. I'm not a politician.

17 I'm a villager. I'm a peasant. I don't know about these things.

18 JUDGE MAY: Do you know about a visit to Prizren by

19 representatives of the Turkish embassy just before the war?

20 THE WITNESS: [Interpretation] No. I don't know anything about

21 this.

22 MR. MILOSEVIC: [Interpretation]

23 Q. And do you remember certain members of the KLA from Mala Krusa,

24 Pirana, Samodreza, and Studencane who hid for a while at your place?

25 A. I don't know about this. I had no connection with the KLA. I

1 don't know anything about this.

2 Q. Are you asserting that not a single time before the war were there

3 any members of the KLA who found shelter at your house, from the villages

4 I mentioned?

5 A. No, there wasn't. There weren't. Not at my place, and I haven't

6 seen any in the village.

7 Q. And do you remember the time when just after those members of the

8 KLA were there, the police made a search of a part of your village? Do

9 you remember that?

10 A. You mean the KLA was in the village and the police searched? No.

11 I never saw anything like that. The police often came, and I am a

12 peasant, and I was in the fields and at home, and I never saw things of

13 this kind.

14 Q. And who were those Albanians whom you mentioned as being killed,

15 those four Albanians? Do you know their names?

16 A. They are from the village of Mamusha. Three Albanians and four

17 Turks. The villages of Mamusha.

18 Q. And do you remember that on the 11th of April, and that was a

19 Sunday, the 11th of April, when you were in Mamusa, according to your own

20 words, do you remember that that day the members of the Turkish ethnic

21 community from the village of Mamusa and from Prizren organised in Prizren

22 a rally to convict -- condemn the aggression of NATO, and it was attended

23 by 15.000 citizens?

24 JUDGE MAY: Yes, Mr. Saxon.

25 MR. SAXON: I apologise for the interruption, Your Honour. Just

1 so that the record is clear and that the witness is not confused, he was

2 never asked about the events of the 11th of April during --

3 JUDGE MAY: No. So it's something else.

4 Mr. Tac, you're being asked about the 11th of April, and it's said

5 that there was a --

6 THE WITNESS: [Interpretation] Yes.

7 JUDGE MAY: -- a meeting there or a rally. Can you help us with

8 that? What happened?

9 THE WITNESS: [Interpretation] There was no rally in Mamusha, but

10 the police forced us to hold a rally. They forced us. They sent us to

11 Prizren. And if we wouldn't go, they would burn our houses. We couldn't

12 do anything else. What else could we do?

13 MR. MILOSEVIC: [Interpretation]

14 Q. Mr. Tac, 15.000 people were at that rally. Are you claiming that

15 all of them were forced to go there? And they were mainly Turks.

16 A. There were not 15.000 in Mamusha. Those from -- in Mamusha, there

17 were 5.000, 6.000. We were forced and sent by force to the rally, and

18 otherwise we would have had our houses burnt.

19 Q. I said from Mamusa and Prizren. And the rally was held in

20 Prizren, and almost the entire Mamusa attended. Are you claiming that

21 that was not so?

22 A. We were all there. We were all there but by force. By force we

23 were sent. We had either to go or they would burn our houses. What else

24 could we do? We had to go. I didn't want to go, but they made me go.

25 Q. So you participated in that rally against NATO on the 11th of

1 April because you were forced.

2 A. Yes. Of course we were forced. There's nothing else I could do.

3 I had no other way out.

4 Q. And how many people were there at that rally, in your opinion,

5 because you attended?

6 A. I don't know. There were a lot, but I saw -- I saw --

7 Q. Nothing can be done by force.

8 A. Nothing can be done by force.

9 Q. Do you remember that Adem Koc addressed the rally, among others?

10 He was president of the local commune in your village and also a

11 representative of the Turkish Democratic Party, a Member of Parliament in

12 the Municipal Assembly of Prizren?

13 A. I didn't know that he was a representative of Mamusha. Perhaps he

14 spoke. I was at a distance. I never saw him.

15 Q. And you had never seen him. You're saying you'd never seen him?

16 A. Yes. He lives in Mamusha, but I had no idea he was the chairman

17 of the local village. I don't know.

18 Q. And do you know that, at the same rally, Sadik Tanjoll also

19 addressed the rally? He was president of the Turkish Democratic Party of

20 Yugoslavia, an attorney-at-law.

21 A. I don't know who spoke. We were a long way away. We were at the

22 edge. What they said, what they did, I don't know who they were.

23 Q. And do you know who Zenel Abedil Kures is? Have you ever heard of

24 him? He's also a Turk.

25 A. I know that he's a Turk, but I don't know what he said. I'm not

1 interested in this. I'm not a politician. I'm a peasant. I mind my own

2 business.

3 Q. You must know that he was -- that Mustafa Bakir was headmaster of

4 the primary school Zenel Abedil Kures.

5 A. I don't know.

6 Q. Do you remember that he addressed the rally?

7 A. Perhaps I spoke. All sorts of people spoke. But I'm not

8 interested in who spoke, and I don't know.

9 Q. And do you remember that Sokol Kushe [phoen], an Albanian, made a

10 speech there? He's a director of a cultural institution in Prizren.

11 A. I don't know who he is. I don't know. I don't know him at all.

12 I don't know.

13 Q. Do you know Franjo Prenglusha, also an Albanian, also a deputy of

14 the Municipal Assembly?

15 A. I don't know any of these people.

16 JUDGE MAY: I think this topic is exhausted. The witness says he

17 doesn't know who spoke.

18 MR. MILOSEVIC: [Interpretation]

19 Q. All right. I won't ask him any more about the Turks who addressed

20 the rally, but I do wish to ask him, in this connection, if he remembers

21 that the transport from Mamusa to Prizren was organised by private

22 hauliers from the village of Mamusa, namely, Mamusha Tours and Birlik.

23 Does he remember that?

24 A. What was organised? To go where?

25 Q. Transport to Prizren, to the rally. The hauliers were your own

1 from Mamusa. The Birlik enterprise and Mamusha Tours. Do you remember

2 that?

3 A. We were with our own vehicles. I don't know. I was with my own

4 truck. All the people, everybody was with their own vehicles.

5 Q. So you went in your own vehicle to the rally, where you went under

6 duress?

7 A. Yes, by force.

8 Q. And do you remember, sometime in mid-May, or more precisely, on

9 the 13th of May, when the president and members of the Executive Board of

10 Kosovo and Metohija came to Mamusa with a trailer truck of humanitarian

11 aid containing food and other essential products, both for Mamusa and

12 other villages with the Turkish ethnic minority, sometime in mid-May?

13 A. [Previous translation continues]... that.

14 Q. That was a big event. Your entire government visited.

15 A. I've never seen that. I never left my home. I don't know what

16 happened.

17 Q. All right. Do you know anything at all about the 30th of May;

18 that is, after that, the KLA kidnapped the president of the local commune

19 and a deputy to the Assembly of Prizren, this Adem Koc person I already

20 mentioned, and Morina Mahmet, who were held for questioning for several

21 days in a basement in the village of Celina. Do you remember that?

22 A. No, I don't know that. I don't know that.

23 Q. But you know those people and you know they were kidnapped? Yes

24 or no.

25 A. No, I don't. I don't know. I've never heard of that.

1 Q. And do you remember that one of the most wealthy people had all

2 his trucks confiscated?

3 A. [Previous translation continues]... that. I don't know. What

4 time? At what time was that?

5 Q. Before the aggression. Do you remember that?

6 A. Before the aggression, I was in Turkey. I don't know about that.

7 Q. When did you come back from Turkey to Mamusa?

8 A. I came back in January 1999.

9 Q. But that happened precisely at that time. How come you don't know

10 about it?

11 A. When I returned home, I never heard of that.

12 Q. And are you aware that even before the aggression, and even now,

13 the KLA took money to finance its terrorist organisation from the citizens

14 of the village of Mamusa, that it racketeered the people of Mamusa?

15 A. I don't know. They never took any money away from me. I haven't

16 heard about that.

17 Q. And are you aware that during the war the work organisation Liria,

18 from Prizren, opened a shop in Mamusa to supply the locals with essential

19 products? Do you remember that?

20 A. We had our shops in Mamusa, and we still have the same shops.

21 Q. I'm saying that during the war, Mamusa was supplied in the way I

22 described. Do you remember that? Yes or no.

23 A. That I don't know. I don't remember that.

24 Q. And do you remember the wounding of a Turkish woman, Suzana

25 Taskra, during the bombing?

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1 A. You mean in Mamusha village?

2 Q. No. In Prizren.

3 A. No, that I don't know. I know nothing about any other place.

4 Q. She worked at the TV station, broadcasting in Turkish.

5 JUDGE MAY: He says he doesn't know about that.

6 A. I don't know.

7 MR. MILOSEVIC: [Interpretation]

8 Q. And do you remember that in the Turkish language, Radio Pristina,

9 Radio Prizren, Radio Mitrovica, Radio Gnjilane broadcast in the Turkish

10 language? Do you remember that?

11 A. We didn't have electricity, and we heard nothing during the war.

12 Q. You never listened to the radio and you never watched TV?

13 A. No. I said we didn't have power.

14 Q. All right. If you didn't watch television or listen to the radio,

15 do you remember that there were newspapers in Turkish, such as Tan,

16 Cergetush [phoen], Bai Cevrin, Esin, and Sofra?

17 A. I don't know. I don't read papers. I am a farmer. Those who

18 read know.

19 Q. Do you remember the Sofra newspaper, published in Mamusa in the

20 Turkish language?

21 A. I knew that it came out, that paper was published, but I don't

22 read. I said, I don't read.

23 Q. You know that they were published, but you didn't read them; is

24 that what you're saying?

25 A. I don't read newspapers, but I know that such a newspaper was, and

1 still is.

2 Q. And do you remember that the Turkish Democratic Party had its own

3 offices in the centre of Prizren? Were you a member of any party?

4 A. I have never been a member of any party, so I know nothing about

5 this party. I am a farmer. I mind my own business. I work. I don't

6 care about parties.

7 Q. And have you heard of the death of an entire Turkish family on the

8 7th of April, the Gash family; mother, father, and four daughters? They

9 were Turks. They were not killed in Mamusa. They were killed during the

10 bombardment somewhere in town. Have you heard of that family?

11 A. Where were they killed? I don't know that. I never heard of

12 that.

13 Q. Have you perhaps heard that the Turkish journalist Sarife Turgut,

14 a correspondent of the ATV television, a Turkish television, described the

15 rescuing of a 2-year-old girl who was saved by Dr. Andric from Pristina?

16 Do you remember that event? There was a special programme on Turkish

17 television about that.

18 A. I'm not aware of that.

19 Q. You know nothing about it?

20 A. Nothing. Nothing at all.

21 Q. And do you know anything about, after the arrival of NATO troops

22 in Kosovo, the 7-year-old daughter of Orana Kasma, from Prizren, was

23 kidnapped and a very large ransom was demanded?

24 A. That I don't know.

25 Q. You know nothing about it? And do you know about the rape and

1 killing of a married Turkish woman, Ajsa Altiparmak, again after the

2 arrival of NATO troops, and that was done by KLA terrorists?

3 A. No. I have never heard of that.

4 JUDGE MAY: Mr. Milosevic, you've put these matters very fully.

5 He says he doesn't know. There seems little point going on putting

6 incidents about which he is not aware. So perhaps you'd move on to

7 another topic.

8 THE ACCUSED: [Interpretation] Well, you are probably right. As

9 you see, the witness doesn't know anything about what had been going on at

10 the time.

11 JUDGE MAY: Have you got any more questions about his evidence?

12 THE ACCUSED: [Interpretation] Of course I do.

13 MR. MILOSEVIC: [Interpretation]

14 Q. Is it true that in the village of Mamusa itself -- please listen

15 carefully. In the village of Mamusa itself, on the critical day which you

16 discussed a moment ago, that a large group of armed KLA terrorists from

17 the villages of Studencane, Mala Krusa, and Pirane opened fire on the

18 patrol of the MUP of Serbia, harming even innocent passersby?

19 A. Where was that event you are talking about? I don't know. What

20 place was that? I don't know. In Mamusha, we have never had such an

21 event. We have never had a clash between the KLA and the police. I don't

22 know what you are talking about here.

23 Q. I am talking about what you have just mentioned, that several

24 people were killed in Mamusa.

25 A. The Serb army killed them. Nobody else did.

1 Q. You said a moment ago that you don't know who had killed them,

2 that you didn't see that, you just heard of it. So how do you know that

3 Serbs killed them?

4 A. You said -- you said these people were killed, but they were not

5 killed in the roads, in the streets somewhere. They were killed in their

6 very homes.

7 Q. And how were they killed?

8 A. That night we were at home. On the next morning, they were

9 found. Their bodies were found in their own homes. And we buried them on

10 the 28th of March, on the Bajram day.

11 Q. How did they die? How were they killed? Were they killed by a

12 bomb, a bullet, a stone?

13 A. By the bullet, not by the bombs. We didn't have bombs in

14 Mamusha. By arm -- by gunfire.

15 Q. You are now saying that they were killed from firearms, and a

16 moment ago you said that you had never heard any shooting in Mamusa,

17 whatsoever. So how could they have been killed by firearms?

18 JUDGE MAY: Now, just a moment. The time that he was talking

19 about was before the -- before there was trouble in the village. What he

20 said was there was no bombing on that day or fighting.

21 THE ACCUSED: [Interpretation] Let me note that he first said that

22 he had never heard any shooting whatsoever, and a moment ago he said that

23 people were killed during a shoot-out.

24 JUDGE MAY: It's not my --

25 THE ACCUSED: [Interpretation] So both cannot be true.

1 JUDGE MAY: It's not my recollection that he said

2 he heard no firing on the night of the 27th of March, which is the night

3 we are dealing with.

4 THE ACCUSED: [Interpretation] That's the critical day that I'm

5 talking about.

6 JUDGE MAY: Yes.

7 THE ACCUSED: [Interpretation] And I'm saying -- I claim that they

8 were hidden in his house. Part of the KLA members were in his house, in

9 hiding.

10 JUDGE MAY: Very well. Let the witness deal with that.

11 Mr. Tac, what he said is that members of the KLA were in your

12 house. Is there any truth in that?

13 THE WITNESS: [Interpretation] No, there isn't any truth in that.

14 If they were in my home, we would have all been killed. But we didn't

15 have any KLA members in my home.

16 MR. MILOSEVIC: [Interpretation]

17 Q. Does he know that the Albanian terrorists burnt the Serb village

18 of Novak, only four kilometres away from Mamusa, with 80 Serb houses? Do

19 you know about that?

20 A. I don't know. I wasn't in Novak. Perhaps they were burnt, but I

21 was not there. I never went there.

22 Q. All right. Did you go to Prizren?

23 A. Yes, I did. I went to Prizren.

24 Q. Did you see that a tombstone of Nari Rexhalebia [phoen] was

25 demolished in Prizren? Did you see that?

1 A. It wasn't destroyed. It's still there.

2 Q. It wasn't damaged at all, not even damaged?

3 A. No, it wasn't destroyed. It's still there.

4 Q. Did you see the Turkish fountains in the yard of the mosque in the

5 Tahban settlement destroyed?

6 A. No, I didn't see it. I wasn't in that area. I don't know about

7 this.

8 Q. Do you know that the Osman Efendi mosque in Novo Brdo was

9 completely destroyed? Did you hear about that from anyone, for example?

10 A. Where is that? Isn't that a church? I have never been to Novo

11 Brdo. I don't know where it is. I don't know where Novo Brdo is.

12 Q. All right. Did you hear about the fact that, in Prizren, people

13 were sacked? Now, I'm talking about now, after KFOR, that Turks were

14 sacked from their jobs, and their name was Xhala Jash [phoen], Fikrija

15 Nush [phoen], Mehi Bekazaz [phoen], Nurik Malta [phoen], Jaku Plav,

16 Mustafa -- from the Mustafa Bakija primary school, as well as Jakusha

17 Mamushe [phoen]. Do you know about all of them or any one of them who

18 were fired from their jobs?

19 A. No, I don't know. I don't deal with schools. I am a farmer. I

20 don't know anything about this.

21 Q. Did your children go to school?

22 A. Yes, in Mamusha.

23 Q. Which language was tuition? Was it in Albanian when they went to

24 school?

25 A. It was in Turkish. They didn't go on to studies. They went on to

1 be farmers and went to school in Turkish.

2 Q. So you had a school in the Turkish language. Do you know that

3 there were in fact six schools in the town and in the village of Mamusha

4 itself with tuition in Turkish? Are you aware of that?

5 A. There were not six schools. There was only one.

6 Q. In Mamusa?

7 A. There is one school in Mamusha. There were no -- aren't six

8 schools. It's not a town. It's a village.

9 Q. Yes. I said one in Mamusa and the rest were in Prizren. Do you

10 know about four secondary schools in your municipality where pupils were

11 taught in the Turkish language as well?

12 A. I don't know, but my children didn't go. I don't know what goes

13 on there. I just don't know.

14 Q. All right. And do you know about doctors, Turkish doctors, Bulent

15 Krilje, Dr. Isak, Muxhada Kovic [phoen], Resmije Shata, Dr. Valkan [phoen]

16 and others, all of them Turks, all of them working and offering treatment

17 to patients? Have you heard of them?

18 A. I don't know these doctors. Perhaps they work in this way,

19 perhaps they don't. I don't know.

20 Q. Do you know about Judges, Sas Kofiki [phoen], and Skender Musbeg,

21 those two Judges? Have you heard of them? They are also Turks.

22 A. No, I don't know. This is the first time I've ever been in a

23 court. This is the first time I've ever testified. And I don't know

24 these people.

25 Q. What about Abdul Tac? Was he the headmaster of the primary school

1 in the village of Mamusa?

2 JUDGE MAY: We've been through this once already. I don't think

3 we're getting anywhere. Now, let's move on to another topic.

4 MR. MILOSEVIC: [Interpretation]

5 Q. Do you know that in Prizren two Turkish drama theatre companies

6 were functioning, with performances all over Yugoslavia and in Turkey and

7 in Germany too? Have you heard of those?

8 A. No. I don't know. I -- I've never had any chance to go and see

9 these theatres. I've never been there. I don't know whether they've been

10 in Yugoslavia and in other countries. I don't know.

11 Q. Do you at least know about the village of Mamusa and the cultural

12 and arts society Askferki that functioned there in your own village? Do

13 you know about that? In Turkish, the Turkish Cultural and Arts Society.

14 Have you heard of that one?

15 A. Yes, it is there and it's still there today, and it's working

16 again.

17 Q. Do you know of any Turks who were members of the government of

18 Kosovo and Metohija, members of the Executive Council, as it was called,

19 of Kosovo and Metohija?

20 A. I don't know.

21 Q. One of them, a man, Zenel Abedil Kures --

22 JUDGE MAY: He doesn't.

23 THE ACCUSED: [Interpretation] I'm asking him whether he's heard of

24 Zenel Abedil Kures. He was a minister there and a Turk. He must have

25 heard of him.

1 MR. MILOSEVIC: [Interpretation]

2 Q. Have you heard of him, Witness? No?

3 A. I don't know.

4 Q. Have you heard about a lady, also a Turkish lady, Bude Hasaru?

5 JUDGE MAY: This is -- this pointless. This is a pointless

6 cross-examination. You have really put your case on this topic very

7 fully. Now, have you got any other matters you want to ask him about his

8 evidence?

9 THE ACCUSED: [Interpretation] Well, all this has to do with his

10 evidence, but he doesn't seem to know anything about anything that went on

11 except the fact that he helped a group of Albanian refugees to get out of

12 Malisevo.

13 MR. MILOSEVIC: [Interpretation]

14 Q. Do you know about Adem Koc, Sadik Tanjoll, Zenel Abedil, Muhammed

15 Ustaibar [phoen], Ilija Micamil [phoen], Hasan Merdan? Do you know of any

16 of those individuals? They're all Turks.

17 A. Adem Koc is from the village of Mamusha, but for the others, I've

18 never heard of them. And what they say, I don't know.

19 Q. And do you know about Mahmet Morina and Haim Shala, those two

20 names? Also two Turkish gentlemen kidnapped by the KLA.

21 A. I don't know about this. I imagine that they're somewhere in

22 Serbian prisons. I don't know who kidnapped them.

23 Q. Why do you think they would be in prison in Serbia? They were

24 loyal citizens of Serbia and didn't come into conflict with the

25 authorities at all.

1 A. This is what they say in their families, that sometime they'll

2 emerge alive from Serbia.

3 Q. A Turk appeared who was in prison in Serbia. Is that what you're

4 saying? What was the name of this one Turk?

5 JUDGE MAY: We're now getting a very long way from the indictment

6 in this case. Mr. Milosevic, speaking for myself, unless you have some

7 relevant questions to do with this witness's evidence, I shall suggest to

8 my colleagues that we bring your cross-examination to a close.

9 MR. MILOSEVIC: [Interpretation]

10 Q. Do you know that refugees, the refugees that you speak about in

11 Mamusa, asked the authorities to assist them to leave the area in which

12 they were in jeopardy? And you took part in that assistance.

13 A. I don't know about this. We opened our doors to them at night,

14 and they had come to save their lives and that's how it was.

15 Q. When did you give your first statement with respect to your

16 testimony, and who did you give that statement to?

17 A. I didn't know these people. It was one year ago.

18 Q. And who did you give the statement to?

19 A. They came to the village of Mamusha and they asked who took the

20 people to Malisheva, and we spoke up and we gave our testimony. There

21 were eight of us.

22 Q. Who came?

23 A. I don't know. I didn't know them. I don't know who they were.

24 They were from UNMIK or somebody.

25 Q. Were they Turks or Albanians or did they belong to some other

1 ethnic group?

2 A. They were from UNMIK. They weren't Turks. They spoke English or

3 something.

4 Q. You wrote in your statement that they asked you whether you knew

5 anything about the bodies of dead people who were transported in trucks.

6 Who asked you that?

7 A. I don't know about the bodies. I transported people who were

8 alive. I don't know about this other case.

9 Q. Yes, but who asked you about that, about those dead bodies? Who

10 asked you about that?

11 A. These UNMIK people, or I don't know who they were.

12 Q. What did they in fact ask you?

13 A. "How did you go to Malisheva to carry all these people?"

14 Q. Yes, but with respect to the dead bodies, they asked you something

15 about that.

16 A. I don't know anything about dead bodies. I don't know anything

17 about this business.

18 JUDGE MAY: Let's move on to the next point.

19 MR. MILOSEVIC: [Interpretation]

20 Q. Well, you said, in response to the question whether you knew

21 anything about dead bodies: "I said that I was not mixed up in anything

22 like that and have no information about that." That's why I'm asking

23 you: Who asked you that particular question?

24 JUDGE MAY: He said the people from UNMIK. Now, let's move on.

25 THE ACCUSED: [Interpretation] I have no more questions.

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1 MR. TAPUSKOVIC: [Interpretation] Your Honours, thank you for

2 giving me the floor. I don't have many questions, but Mr. Slobodan

3 Milosevic insisted upon one point, and that is to be found in the last

4 sentence of the statement which Mr. Sakir gave on the 10th of June, 2001.

5 And I should like -- I haven't got much, but I would like to have that

6 sentence presented to you, Your Honours, and the statement, because I have

7 several questions in that regard.

8 JUDGE MAY: Can we have copies?

9 Questioned by Mr. Tapuskovic:

10 Q. [Interpretation] Mr. Sakir, first of all, let me start off by

11 asking you the following, something you talked about at the beginning of

12 your testimony. You said that your village was quiet, that there were

13 never any conflicts there - you used the word "conflict," I believe - and

14 that these people came to your village to take refuge.

15 A. Yes.

16 Q. Did you hear from them or anybody else that in other places, in

17 other villages, there were conflicts?

18 A. If they didn't have any conflicts, they wouldn't have run away

19 from their homes and come over to us.

20 Q. So conflicts between the KLA and the army; is that it?

21 A. That I don't know, but there were problems there. There were

22 conflicts. They came to us.

23 Q. Thank you. Did members of the KLA ever come to your village?

24 A. No. I've never seen them. I don't know.

25 Q. But you said previously, in paragraph 3 of your statement that Mr.

1 Sakir gave on the 10th of June, 2001, in that third paragraph, it states

2 the following:

3 The KLA did not have a stronghold here, but they did come from

4 time to time. There was no stronghold here, but they did visit from time

5 to time.

6 That is what you say in your statement, that they came from time

7 to time, in your statement of June 2001. Is that what you said or not?

8 A. [Previous translation continues]... say that. No, I didn't say

9 that they have come to our village, no. I haven't seen them.

10 Q. Can you explain, then, how come this sentence exists in your

11 statement, the statement you made at that time?

12 A. That I don't know. I never said that KLA came to Mamusha village.

13 Q. All right. Thank you.

14 On the 27th, the event took place which you have described to us

15 here.

16 A. Yes.

17 Q. On that day, the army or the police - it doesn't matter - searched

18 houses; is that right?

19 A. We left our homes, we went outside, they searched, then we went

20 back home.

21 Q. And all the houses were searched. Nothing was stolen from your

22 house, but it had been ransacked; is that right?

23 A. Yes, it was ransacked, but they hadn't taken anything away.

24 Q. Does that mean -- you know that they said that they were looking

25 for weapons, just weapons, and as they found no weapons, did they take

1 anything else from the house or not?

2 A. I don't know what they searched for. We never had any weapons,

3 nor do we have today. But I know that they searched. That is all I know.

4 Q. Thank you. You said that there were casualties and that you

5 buried them the next day. Do you know the names of any of those people

6 from your village who were buried on that particular day?

7 A. I don't know the names of all of them. I know the names of the

8 Turks, but I don't know the other four. I don't know the names.

9 Q. You also spoke today about the fact that you know, but you didn't

10 see it, that a Serb tank was overturned there. You heard about that but

11 didn't see it. That's what you told us today.

12 A. I didn't see it with my own eyes at that moment. On the next day,

13 on the 28th of March, at about 10.00, when the forces came to pull that

14 over with a crane, we saw it. We saw them passing by.

15 Q. Do you know why the tank overturned? Was it hit perhaps? Did

16 anything hit it or was it overturned for some other reason?

17 A. Nothing was there. The street was very narrow, but nothing

18 happened. It was because of the very narrow street, and the tank was too

19 large for that street.

20 Q. On the day that you drove the truck for two hours and were not

21 accompanied by the police, you arrived at Zur, you came across the column

22 of vehicles that had been stopped, that was stationary?

23 A. I am not clear about this question. What do you want me to say?

24 Q. I'm just repeating what you yourself said, that you arrived at the

25 column that was standing still and that you couldn't go forward, and this

1 was after two hours of driving. Is that right?

2 A. Yes. Yes, that's right.

3 Q. And you then suggested that they continue their journey on foot,

4 and that's what they in fact did; is that right?

5 A. Yes, that's right.

6 Q. There was no army or police anywhere en route from that point

7 where they started out on foot; is that right?

8 A. They were the Ostrozub army troops.

9 Q. Yes, I understood that. That's why I didn't ask you. But you

10 drove for two hours, arrived at the point you stopped at, from which you

11 couldn't continue further, and that was the spot where you made your

12 suggestion to them. What I'm asking you now is: At that particular spot,

13 there were no police or army, were there?

14 A. I didn't see any police or army troops.

15 Q. Thank you. You went back to your village and stayed there. Did

16 you ever hear that in Kosovo a bomb had dropped of any kind, which was not

17 from -- which did not come from a weapon owned by the Serb army?

18 MR. TAPUSKOVIC: [Interpretation] Yes, I'm coming to an end, Your

19 Honour.

20 A. I don't know where that place was. I have no idea.

21 Q. Yes, but what I'm asking you is: Was there any NATO bombing or

22 not?

23 A. In my village, no. I don't know about other villages.

24 Q. Did you hear about other places, whether it happened in other

25 places?

1 A. Maybe there has been in other places, but I don't know who did the

2 shooting.

3 Q. You said a moment ago that you had no electricity in the village;

4 is that right?

5 A. Yes, that's right. We didn't have electricity.

6 Q. Do you know why, why you didn't have any electricity?

7 A. That I don't know. How could I know?

8 Q. Do you know that many powerplants had been hit and they were the

9 supplies and source of your electricity? Everybody knew that, that they

10 had been hit.

11 A. The powerplant in Kosova was not destroyed. I don't know what you

12 are saying here.

13 MR. TAPUSKOVIC: [Interpretation] Thank you. Thank you, Your

14 Honours.

15 Re-examined by Mr. Saxon:

16 Q. Mr. Tac, I'd like to ask you to help us clarify a few points that

17 were raised during the cross-examination.

18 You were asked a few questions about the statement that you gave

19 in the year 2001, particularly regarding a paragraph early in your

20 statement, the third paragraph, and I'm going to read to you what the

21 statement says and then I'm going to ask you a question about it. The

22 third paragraph says the following:

23 "Until March 1999, there had not been too much trouble in the

24 village. Serbs would come and search, looking for people, maybe KLA.

25 There was no stronghold here, but they did visit from time to time."

1 Now, Mr. Tac, my question for you concerns the word "they" that

2 you used -- that is used in your statement in the last sentence that I

3 read to you. When you said, "but they did visit from time to time," by

4 "they," were you referring --

5 JUDGE MAY: No. Who was he referring to?

6 MR. SAXON:

7 Q. Who were you referring to?

8 A. I have never seen any KLA members. I meant the police and the

9 army, who often came to the village. But I never saw any KLA members.

10 Q. You also --

11 JUDGE MAY: Yes, Mr. Tapuskovic.

12 MR. TAPUSKOVIC: [Interpretation] That sentence reads precisely as

13 follows: "The KLA did not have a stronghold here, but they came

14 occasionally." So the KLA is mentioned in this sentence as not having --

15 JUDGE MAY: It's not what the English says. No doubt we can have

16 it looked out in due course. But the point has been made.

17 Anything else, Mr. Saxon?

18 MR. SAXON: Yes, Your Honour.

19 Q. The accused asked you whether you knew whether the refugees

20 staying in Mamusa had asked the authorities to assist them, to use his

21 expression. The refugees in Mamusa, or at least some of them, came to

22 Mamusa in their own vehicles; is that correct?

23 A. Yes.

24 Q. Could those refugees who arrived in Mamusa with their own vehicles

25 have used their vehicles to go to the border if they had chosen to?

1 A. First of all, they told them to go with your [sic] cars.

2 Q. I appreciate that, but that wasn't really what I was asking you

3 about. My question was very simple: Could the refugees have simply

4 gotten into their vehicles and gone to the border had they chosen to?

5 A. No, because they were sent in our cars. But then the commander

6 who -- it came to the mind of the commander, and he said, "How did these

7 people get here in the first place?" And we told him they had come with

8 tractors and cars and horses and carts. And they said to us, "Okay. Now

9 they can go and get their own cars."

10 Q. Before members of the Serb army arrived in Mamusa on the 27th of

11 March, could the refugees staying in your home and in other homes in the

12 village, could they have left the village and gone to the border if they

13 had wanted to?

14 A. No. They were inside the village. I don't know what was in their

15 minds. They came to us, to our houses, and there they were.

16 Q. Let's move forward to the 2nd of April, when the police came to

17 Mamusa and you left Mamusa that day, in a line with other trucks, escorted

18 by the police in the beginning. Did you know what you were going to do

19 that day?

20 A. No, we didn't flee from -- we didn't leave -- flee the village.

21 They forced us to go out onto the road to go to Malisheva.

22 Q. And when you went out onto the road and began to drive, did you

23 know what you were going to do that day?

24 A. We were driving. You mean where we were driving to?

25 Q. Did you know why you and your neighbours had been ordered to get

1 their trucks and to drive along the road to Malisevo? Did you know why

2 you were told to do that?

3 A. Yes. To go and fetch refugees from Malisheva.

4 Q. And did you know where you were going to bring those refugees?

5 A. To the -- to Pirana and then -- then Shipka told us to go on to

6 Rahovec and in that direction, so we set off in that direction.

7 Q. Before you got to Malisevo, did you know what you were going to do

8 with the refugees who you were going to pick up there?

9 A. Yes. We knew that we were going to fetch them and take them to

10 Albania.

11 Q. Mr. Tac, how did you know that?

12 A. The police told us. "You've got to go and fetch refugees and take

13 them to Albania."

14 Q. When you got to Malisevo and you saw this large crowd of refugees

15 there, did any of the refugees there tell you what had happened to them?

16 A. No, they didn't. The refugees told us nothing.

17 Q. When the refugees boarded your truck in Malisevo, did you ask any

18 of them whether they wanted to go to Albania?

19 A. They got in, but we didn't talk to them. They -- we just closed

20 the trucks and they told us, "Set off for the border."

21 Q. Why didn't you ask any of the refugees if they wanted to go to

22 Albania or not?

23 A. We were afraid for our own sakes as well, quite apart from them.

24 Q. Can you describe how the refugees looked who boarded your truck?

25 Were they happy, laughing?

1 A. No. They were weeping. They were -- they were very, very upset.

2 Q. When you arrived at the village of Zur and you stopped the truck

3 and you asked the refugees in your truck whether they could walk to the

4 border and the refugees got down from the truck, were the refugees -- how

5 could you describe the refugees at that time?

6 A. They were all weeping. And then we embraced them and we said,

7 "Safe journey. God help you." And there was nothing else we could do,

8 and then we went back.

9 Q. Just one last question. You remarked that your village was quiet

10 between the 24th of March and the 2nd of April. By the word "quiet," do

11 you mean no conflict, no armed conflict?

12 A. There was no armed conflict apart from on the 27th, but we didn't

13 have any conflicts of any kind.

14 Q. On the night of the 27th, you described how houses were burning.

15 Do you recall that?

16 A. Yes, I remember.

17 Q. A few minutes ago, you said that the persons who died that evening

18 died from gunfire. Do you know -- do you have personal knowledge whether

19 those persons died from the flames in their homes or from gunfire or both,

20 if you know?

21 A. They weren't burned. They died from bullets.

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

23 Questioned by the Court:

24 JUDGE KWON: Mr. Tac, have you ever said to the investigator or

25 the Prosecution that you cried as you saw the refugee people getting on

1 your trucks?

2 A. Yes. Yes. I cried too.

3 JUDGE KWON: Why did you cry?

4 A. Because I felt sorry for these brothers of mine. Where were they

5 going? What would happen to them? It pained me.

6 JUDGE KWON: Thank you.

7 JUDGE ROBINSON: Mr. Tac, you have told us that the journey from

8 Malisevo to Zur took about two hours.

9 A. Yes.

10 JUDGE ROBINSON: For most of that time, you and the refugees were

11 entirely on your own. There was no police escort, no army escort. Did it

12 not occur to you that you might have been able to escape, you might have

13 deviated, you might have directed from the course and not go straight on

14 to Zur and ultimately to Albania?

15 A. No. I never thought of anything of that kind.

16 JUDGE ROBINSON: Why not?

17 A. Well, they told us to send them to the border. That's what the

18 police said. There was nowhere else we could take them.

19 JUDGE ROBINSON: All right. Thank you.

20 JUDGE KWON: But the refugees themselves said to you to set off to

21 the border; is that right?

22 A. The refugees didn't say this. The police said this.

23 JUDGE KWON: Let me try the transcript. Just awhile ago you said

24 that the refugees, "They got in but we didn't talk to them. They -- we

25 just closed the trucks and they told us, `Set off for the border,'" while

1 Mr. Saxon asked you questions.

2 A. That's right.

3 JUDGE KWON: Who are "they" --

4 A. Yes, that's right.

5 JUDGE KWON: So the refugees said to you to set off for the

6 border?

7 A. No. The refugees didn't say this. It was the police and the army

8 who told us to take these people straight to the border.

9 JUDGE KWON: Yes. Thank you.

10 JUDGE MAY: Mr. Tac, that concludes your evidence. Thank you for

11 coming to the International Tribunal to give it. You are free to go.

12 THE WITNESS: [Interpretation] Thank you.

13 [The witness withdrew]

14 JUDGE MAY: The statement will be exhibited.

15 THE REGISTRAR: Prosecution Exhibit 52.

16 JUDGE MAY: And I shall ask the legal officer to have the

17 translation clarified of the third paragraph in the statement, which is

18 not clear and is obviously important; it should be.

19 MR. RYNEVELD: If it please the Court, I propose to call the next

20 witness, Mr. Hazbi Loku.

21 While we're waiting for the witness to come in, I will be

22 proposing to show the witness a bundle of documents. In order to save

23 time, I wonder whether we can have those distributed in advance so that I

24 can ask the usher to present them to the witness in order. The summary

25 should give an indication as to about when I propose to do that.

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1 JUDGE MAY: Would the registrar please assist.

2 [The witness entered court]

3 JUDGE MAY: Yes. Let the witness take the declaration.

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

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

6 JUDGE MAY: Yes. Take a seat.

7 WITNESS: HAZBI LOKU

8 [Witness answered through interpreter]

9 Examined by Mr. Ryneveld:

10 Q. Mr. Loku, I understand, sir, that you are 41 years old and that

11 your ethnicity is Albanian, a Kosovo Albanian, and you are from the

12 village of Kotlina in the municipality of Kacanik. Is that correct?

13 A. That is correct.

14 Q. Do I also understand correctly, sir, that you are presently

15 married and with four children?

16 A. Yes, that's true.

17 Q. And by way of background, very briefly, you attended the Skopje

18 Teaching Academy in Macedonia while you were teaching, and you became a

19 teacher in 1981; is that right?

20 A. Yes, that's right.

21 Q. And then, sir, I understand you became the primary school

22 principal of the village of Kotlina in 1994.

23 A. Yes, at the end of 1994.

24 MR. RYNEVELD: Yes. Mr. Usher, could I ask you to show the

25 witness what has been entered in these proceedings as Exhibit 3, map 12.

1 THE INTERPRETER: Would the witness draw closer to the microphone,

2 please.

3 JUDGE MAY: Mr. Loku, could you come closer to the microphone so

4 the interpreters can hear.

5 THE WITNESS: [Interpretation] Yes.

6 MR. RYNEVELD: Now, Mr. Usher, if you could show that to the

7 witness first, and then once he's had a look at it, we can put it on the

8 ELMO.

9 Q. Do you see the map there, sir?

10 A. Yes.

11 Q. All right. Now it's going on the overhead projector. I'm going

12 to ask you to take the pointer, if there is one in front of you -- there

13 you go. And could you point out where, approximately, your village of

14 Kotlina would be on this map if you see it there.

15 A. The village is not marked on this map, but I think I can show you

16 where it is because I grew up there. There it is, about there.

17 Q. All right. You're pointing now, just for the record, to what

18 appears to be a pink sort of mark underneath the "A" of "Ivaja" and above

19 the "O" of -- the second "O" of "Globocica"; is that correct?

20 A. Yes.

21 Q. And how far would you say that is from Ivaja, sir?

22 A. Our village is a neighbouring village to Ivaja. About four

23 kilometres away. We're a next-door village, centre-to-centre about four

24 kilometres.

25 Q. All right.

1 MR. RYNEVELD: Might be the witness now be shown, please, a new

2 map. That's part of the package that I've just provided.

3 I might say, Your Honours, this will be the first of a series of

4 maps from the second portion of the indictment. You will note that we

5 have been talking about deportation sites and you have a bundle of maps

6 for that. This will be one of a bundle of maps which we anticipate

7 presenting under the killing sites, and I'm in Your Honours' hands as to

8 how we want to deal with them. Do we want to deal with them separately

9 like this or would you eventually like us to have, as we did with

10 Exhibit 3, have the exhibit with maps numbered? Because we can do that.

11 JUDGE MAY: The latter course is more convenient --

12 MR. RYNEVELD: I thought it may be.

13 JUDGE MAY: -- if they're kept together, yes.

14 MR. RYNEVELD: The trouble is, of course, with the previous bundle

15 I was able to put them in through Mr. Spargo, but we didn't get these maps

16 put in as a bundle through Mr. Curtis. So we'll find another way to do

17 that, if we may.

18 JUDGE MAY: Yes. They'll need some sort of number meanwhile.

19 MR. RYNEVELD: Yes. I propose that we simply call this then

20 Exhibit 53, map 1, and we'll sort it out from there.

21 Am I right about that, Madam Clerk?

22 THE REGISTRAR: Exhibit 53, map 1.

23 MR. RYNEVELD: Thank you. Might the witness be shown this map.

24 That can go straight on the ELMO. Thank you.

25 Q. Just have a look at it, Witness. Do you see your village of

1 Kotlina marked on this particular map?

2 A. Yes.

3 Q. Could you use that pointer, please, and tell the Court where that

4 is.

5 A. The village is here, my village.

6 Q. Okay. Yes. And that's sort of a star where it's marked

7 "Kotlina," and there's two --

8 A. Yes. Yes.

9 Q. And do you see Ivaja to the north of that?

10 A. Yes, in the north. In the west is Gllobocica. The west [sic],

11 Lac.

12 Q. All right, sir. Now, sir, is it also correct that you did your

13 normal Serb compulsory military service in the JNA when you were 21 years

14 old, in 1980?

15 A. Yes, that's correct. During 1980, 1981 I did my military service.

16 Q. And what -- was there a particular unit that you were attached to

17 at that time?

18 A. You think during my military service?

19 Q. Yes.

20 A. Yes. I was doing my military police service in the former

21 Yugoslav army.

22 Q. Okay. Now, sir, I'd like you to turn your mind to the month, the

23 early part of the month of March 1999. We're skipping right to there.

24 You've been asked and you've pointed out the village of Ivaja on the map,

25 and you've indicated that that was a neighbouring village. Did something

1 happen in respect to the neighbouring villages, including Ivaja, on or

2 about the 8th of March that you can recall and tell us about today?

3 A. Yes.

4 Q. What happened?

5 A. In the morning of 8th of March of 1999, in the vicinity around my

6 village and the adjacent villages, we could feel the shells dropping by

7 and explosions. We could see that something was going on there. The

8 population were anxious to see what was going on.

9 Q. Did they?

10 A. Yes. The firing never stopped during all the day. After the

11 shelling, there were other shots coming from different arms. This lasted

12 for three days. We heard the noise in the village. We were afraid, and

13 we took shelter in a place at the end of village, even though there too we

14 didn't feel very safe. But out of fear, we couldn't stay at home. So we

15 felt safer there than at home. And we wanted to see what we should do

16 under the circumstances. There was panic prevailing all over.

17 Q. Just stop there, if you would, please, sir. I want to back up a

18 little bit. You're jumping ahead of us.

19 You've talked about the 8th of March first, and you've told us

20 that you could hear shelling. Did you at some point --

21 A. Yes.

22 Q. -- go to the neighbouring village of Ivaja to find out for

23 yourself what had happened?

24 A. I went to the neighbouring village of Ivaja at a later phase, two

25 or three days after the 8th of March. I think it was 11th or 12th of

1 March.

2 Q. And when you got there, what, if anything, did you see?

3 A. You think [as interpreted] in Ivaja?

4 Q. Absolutely. You've just told us you went there. Now I'm asking:

5 When you went there, i.e. Ivaja, what did you see?

6 A. When I arrived in Ivaja, I saw houses destroyed, burned. Some of

7 them were still in flames and smoke. Some were ruined because of the

8 tanks that had passed through the village streets. I saw the village

9 mosque also destroyed and ruined. I saw cattle dead, lying on the

10 streets. I saw that half the school building was ruined and burned. This

11 is what I remember.

12 Q. Do you know whether or not -- what you noted about the mosque,

13 what of the mosque was destroyed?

14 A. The mosque was destroyed and burned, the building and the roof,

15 the minaret. The minaret was also destroyed. It was half destroyed. It

16 had capsized.

17 Q. Now, sir, before we leave the village of Ivaja in our description

18 of events, I'm going to ask you what, if anything, you knew of why it was

19 that the village of Ivaja may have been the subject of this shelling.

20 A. Around the village of Ivaja, there were the KLA troops, those who

21 tried to protect the population from the worse that might befall them, and

22 I think that the residents of that village managed to escape the worst.

23 Q. Now, sir, you've told us that you went back a few days later, but

24 I'm going to now try to deal with the time period in between. You've told

25 us about hearing the shelling on the 8th, you've told us about seeing the

1 results of that shelling on the 11th or 12th. I now want to direct your

2 mind to the 9th of March, that is, the following day after having heard

3 the shelling. What, if anything, happened to your village?

4 A. The same thing happened, also in the morning. We heard shells

5 dropping in my village. Shells were coming from a distance. We could see

6 the Serb positions from which the grenades -- the shells came, in a place

7 called Kashan, and from that place our village was very visible, most of

8 it, at least. So the shells came from that direction as well as from the

9 east, the north. The same anxiety prevailed. People didn't know what to

10 do. They didn't know if they were attacked from one side or if something

11 worse was going to happen to them, if the troops were coming to the

12 village. So some younger people who were braver than the others, they

13 went out to see what was happening. There are two roads, one leading to

14 Kacanik, the other to Globocica, and the population wanted to run away.

15 Q. Why did they want to run away? What were they afraid of?

16 A. They were afraid of the Serb military forces, because some months

17 ago we were seeing what was happening all over Kosova, and in those places

18 where the population was defenceless, everybody knew what they fared.

19 JUDGE MAY: Mr. Ryneveld, it's 1.00. Is that a convenient

20 moment?

21 MR. RYNEVELD: Absolutely.

22 JUDGE MAY: We'll adjourn now.

23 Mr. Loku, would you remember in this adjournment and any other

24 there may be while you're giving evidence not to speak to anybody about it

25 until it's over, and that includes members of the Prosecution team. Could

1 you be back, please, at half past 2.00.

2 THE WITNESS: [Interpretation] Yes, Your Honour.

3 --- Luncheon recess taken at 1.00 p.m.

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1 --- On resuming at 2.30 p.m.

2 JUDGE MAY: Yes, Mr. Ryneveld.

3 MR. RYNEVELD: Thank you, Your Honour.

4 Q. Mr. Loku, just before the lunch break, I had directed your mind to

5 the incidents in your village on the 9th of March, and I believe you had

6 just told us that -- words to the effect that people of your village were

7 deciding that they were going to leave. Can you pick it up from there,

8 please, and tell us -- you told us, I think, that younger men went to go

9 and scout out to find out what was happening. Did they come back and

10 report?

11 A. Yes. Some of them returned to the village, those who had been on

12 the road to Kacanik. They returned and reported that Serbian forces were

13 coming from that direction and the road was blocked. They said that they

14 had been shot at by the Serbian army.

15 Q. As a result of that information, what, if anything, did you and/or

16 the rest of the villagers decide to do?

17 A. The entire population, we were all on the village street, and

18 seeing that it was blocked on that side, we decided to set off in the

19 direction of the border towards the village of Gllobocica, and that's what

20 we did.

21 Q. So -- I think you told us earlier there were two roads. One road

22 was blocked and the other road that was open was the one to the border; is

23 that right?

24 A. Yes. At that moment that road wa