IT-95-5/18-T 52264 D52264 - D52240 21 July 2011 TR INTERNAL MEMORANDUM - MEMORANDUM INTERIEUR United Nations Date: 21 July 2011 Case No: IT 95 5/18 T Nations Unies To: Judge O Gon Kwon, Presiding À: Judge Howard Morrison Judge Melville Baird Judge Flavia Lattanzi, Reserve Judge International Alan Tieger, Senior Trial Attorney for the Prosecution Criminal Tribunal for the former Hildegard Uertz Retzlaff, Senior Trial Attorney for the Prosecution Yugoslavia Radovan Karad`i}, Accused
Tribunal Pénal Richard Harvey, Standby Counsel International pour l’ex-Yougoslavie Copy: Nolwenn Guibert, Legal Officer Copie: From: Ram Doraiswamy, Court Officer De: Subject: Registry Minutes on Site Visit Conducted Between 17 May and 20 May 2011 Objet:
Public Pursuant to the Trial Chamber’s Confidential “Decision on Site Visit” (“Decision”) filed on 28 January 2011, and subsequently re classified as a Public document on 24 May 20111, a representative of the Court Management and Support Services section (“CMSS”) was ordered to, “accompany the Chamber to maintain an accurate and detailed record of the site visit and to ensure that the appended protocol is observed.” The Decision further ordered that the record is to indicate the “locations viewed and/or visited, the date and time at which the locations were viewed and/or visited, and any observations” made pursuant to the protocol appended thereto. CMSS hereby attaches the Minutes of the Site Visit with the approval of the Trial Chamber.
1 Order Lifting Confidentiality of Decision on Site Visit and Related Pleadings, 24 May 2011. Case No.: IT 95 5/18 T
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THE PROSECUTOR V. RADOVAN KARADŽI] IT 95 5/18 T Site Visit Registry Minutes Trial Chamber: Judge O Gon Kwon, Presiding Judge Howard Morrison Judge Melville Baird Judge Flavia Lattanzi, Reserve Judge Ms. Silva Hinek, Legal Officer Mr. Harshan Athureliya, Associate Legal Officer Investigator / Site Visit Coordinator: Mr. Ljubomir Jovanović, Investigator Office of the Prosecutor: Ms. Carolyn Edgerton, Trial Attorney Defence: Mr. Marko Sladojevi}, Legal Adviser Registry Court Management and Support Services: Mr. Ram Doraiswamy, Court Officer Registry Interpreter: Mr. Darko Bartula
Case No.: IT-95-5/18-T 2 Site Visit 17-20 May 2011 – Registry Minutes
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Site Visit Day 1 – 17 May 2011 Location 1: 08:46 to 08:49 Vilsonovo Šetalište Vilsonovo Šetalište NA Vilsonovo Šetalište is a street spreading for several kilometres along the Miljacka River from the Sarajevo neighbourhood of Dolac Malta to Vrbanja Bridge mainly in the Marindvor neighbourhood. A short stop at the site allowed the delegation an opportunity to observe the site and to walk around the area. The Prosecution explained that the area is closed on weekends and evenings for pedestrians. The Miljacka River was also seen and so too the Elektroprivreda building behind the River. The site was proposed by the Defence. Location 2: 08:46 to 08:49 Vilsonovo Šetalište Building Elektroprivreda N43.8522 E18.38638 Elektroprivreda Electric Distribution Building, Vilsonovo Šetalište 15. The building houses the Headquarters of the public company for generation, distribution and sale of electricity Elektroprivreda Bosne i Hercegovine, which was established on 30 August 1945. The Defence suggested that the delegation observe the building from both sides of the Miljacka River. The Trial Chamber agreed to the proposal. The delegation also had the opportunity to observe the area in relation to Hotel Bristol, another site on the agenda. The site was proposed by the Defence. Location 3: 08:49 to 08:54 Vilsonovo Šetalište Hotel Bristol N43.85277 E18.38972 New Hotel Bristol, Fra Filipa Lastrića Street is located in the area of Vilsonovo Šetalište in the Novo Sarajevo Municipality, approximately 300 metres from the Elektroprivreda building towards the city centre. The site was proposed by the Defence. A short stop at the site allowed the delegation an opportunity to observe the site and to walk around the area. The high rise buildings surrounding the Hotel were observed. The Trial Chamber was shown the front line represented by the Miljacka River by the Prosecution. The Prosecution indicated that Vilsonovo Šetalište marked the defensive lines of the ABiH, and by crossing over to the other side of the River, the defensive lines of the Bosnian Serb forces could be observed. Also according to the Prosecution no man’s land lay between the water and the buildings. The Defence indicated that Miljacka River was not the defensive line for its entire course, but only up to a certain point. The Trial Chamber was also shown the area where the barricades had been set up at the intersection. Opposite the Hotel Bristol the Trial Chamber also observed a shelled building. The Defence also proposed to see the other side of the Hotel Bristol and Elektroprivreda. The delegation walked to the intersection of Hotel Bristol and Elektroprivreda, to observe the area known as “Sniper Alley” – Zmaja Od Bosne Street in relation to the aforementioned buildings as well as the Faculty of Mathematics. It was agreed that the buildings are located in an area before Sniper Alley.
Case No.: IT-95-5/18-T 3 Site Visit 17-20 May 2011 – Registry Minutes
52261 Location 4: 08:53 to 08:55 Marindvor Zmaja od Faculty of Mathematics N43.85416 E18.39444 Bosne Faculty of Mathematics and Natural Sciences, Zmaja od Bosne Street 33 35 is located in the Marindvor neighbourhood, across Maršal Tito Barracks, approximately half a kilometre towards the city centre from the Hotel Bristol. A short stop at the site provided the Trial Chamber an opportunity to observe the site and also the Maršal Tito Barracks. Location 5: 08:53 to 08:55 Marindvor Zmaja od Former Maršal Tito Barracks N43.85666 E18.39527 Bosne Former Maršal Tito Barracks is located along Zmaja od Bosne Street. One quarter of the premises now houses the American Embassy. The site was observed from the location of the Faculty of Mathematics on the other side of the main avenue. It is located approximately 600 metres to the West of the Holiday Inn Hotel. Location 62: 09:03 to 09:18 Marindvor Zmaja od Museum N43.85444 E18.40250 Bosne The Museum, Zmaja od Bosne street 3, is located approximately 800 metres from the previous sites, viz, the Former Maršal Tito Barracks and in the direction of the city centre. A stop at the site allowed the delegation an opportunity to have an overview of the sites in the vicinity, and to walk around specific area identified by the Parties. The delegation first approached the area near the parking lot area of the Museum, at the intersection between the Museum and the Faculty of Philosophy; the Prosecution explained that this was the scene of six (6) Scheduled Sniping Incidents, of which five (5) involved sniping on a tram, and the sixth involved sniping of a pedestrian. The Maršal Tito Barracks is located to the West of where the delegation stood to observe the site, and to the East is the American Embassy3, the Technical School is located to the North where the delegation stood and the Holiday Inn to the South (opposite to where the delegation stood), part of the Unis Towers could be seen below a bus shelter. Across the Street, a little to the East of the Unis Towers is a Church called “Sveti Josip” or St, Joseph’s Church, and the Faculty of Philosophy is to the North East. The Trial Chamber also observed the Museum of BiH (also called the “Zemaljski Muzej”). The Assembly Building is located immediately East of the Faculty of Philosophy. Vrbanja Street, which is the road that leads to the Vrbanja Bridge, begins at the next traffic light on the other side of the BiH Assembly and Executive Council Buildings. The Sveti Josip Church is in the area in the Marindvor. The area begins at the intersection of the Unis Tower Buildings. The Pofalići neighbourhood is located to the West where the delegation stood to observe the site. It runs from the Zmaja od Bosne Street, and goes over the South up the hill. The Four White Skyscrapers on the South side of the Miljacka River were referred to as the Skyscrapers on Lenjinova Street, now known as Grbavica (or Grbavička) Street. One of the skyscrapers will be visited later on in the visit. The pathway along the river leads down to Vilsonovo Šetalište, i.e., to the South. Walking a little further eastwards on the same road, the delegation could clearly see both the Unis Towers (nicknamed ‘Momo’ and ‘Uzeir’), and between the two towers the State Hospital was also visible. At the Prosecution’s invitation the delegation walked to the middle of the intersection between the Museum and the Faculty of Philosophy and looked directly southwards, down Franje Račkog Street. The building seen directly in front, on the opposite side of the Miljacka River is the Metalka Building. By turning around and looking north, the “S Curve” was immediately visible. The 5km marking on the pole indicates that the trams have to travel at the speed of 5 km/h to traverse the “S curve.” The Trial Chamber observed a tram approach, and traverse the “S curve.” The
2 Encompasses Locations 6 to 10. 3 The Defence, in passing pointed out that behind the American Embassy is the Railway and Bus Stations. Case No.: IT-95-5/18-T 4 Site Visit 17-20 May 2011 – Registry Minutes
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Defence conceded that they were mistaken by the US Map as to the location of the “S Curve”, which places it further away.4 The Prosecution noted that there is currently a traffic light that has been recently installed opposite the “S Curve” that allows the trams to cross the “S Curve” safely. The Defence pointed out Franje Račkog Street and Ðure Daničića Street in relation to the “S Curve”. Location 7: 09:03 to 09:20 Marindvor Zmaja od Faculty of Philosophy N43.85500 E18.40416 Bosne The Faculty of Philosophy, Franje Račkog 1, is the building next to the Museum. Visit described above in relation to Location 6. Location 8: 09:03 to 09:18 Marindvor Zmaja od Hotel Holiday Inn N43.85638 E18.40361 Bosne Hotel Holiday Inn, Zmaja od Bosne 4, is located across the street opposite to the Museum. The delegation observed the exterior of the site on foot. Visit described above in relation to Location 6. Location 9: 09:03 to 09:18 Marindvor Zmaja od The “S Curve”in the tram line N43.85568 E18.40345 Bosne The “S Curve” in the tram line, from Ilidža to City Centre is located exactly on the middle of the Zmaja od Bosne street between the Hotel Holiday Inn and the Museum of BiH and the Faculty of Philosophy. The delegation observed the site on foot. Visit described above in relation to Location 6. Location 10: 09:03 to 09:18 Marindvor Zmaja od UNIS buildings N43.85694 E18.40555 Bosne UNIS buildings, Fra Anñela Zvizdovića 1, or the twin Towers, nicknamed "Momo & Uzeir”, are located in Marindvor quarter next to Holiday Inn. The delegation observed the exterior of the site from the location of “S Curve.” Visit described above in relation to Location 6.
4 The Defence undertook to clarify the Defence case vis à vis the “S Curve”. Case No.: IT-95-5/18-T 5 Site Visit 17-20 May 2011 – Registry Minutes
52259 Location 11: 09:19 to 09:20 Marindvor Zmaja od Executive Council building N43.85472 E18.40555 Bosne The Executive Council Building Trg BiH 1, is located next to the Faculty of Philosophy. The building was the former Executive Council of the Communist Party. The Assembly Building is behind the Executive Council Building. The Ðure Daničića Street was also identified by the Defence. The Red Brick Building visible behind the trees was also observed by the Trial Chamber. It is a site to be visited later in the day. The delegation observed the exterior of the site. Location 12: 09:20 to 09:21 Marindvor Zmaja od Assembly building N43.85472 E18.40555 Bosne Assembly, Trg BiH 1. The Prosecution indicated to the Trial Chamber that the street at the corner of the Assembly Building running south to the Miljacka River is Vrbanja Street, and that Vrbanja Bridge is just behind, crossing over the River into Grbavica. The whole area is called Marindvor. The delegation observed the exterior of the site. Location 13: 09:22 to 09:25 Marindvor Zmaja od Marindvor (Junction Zmaja od Bosne N43.85631 E18.40663 Bosne street and Franca Lehara street) Marindvor is a neighbourhood in the Municipality of Sarajevo Centre. The delegation’s viewing point was the junction between Zmaja od Bosne Street and Franca Lehara Street in line with the Assembly Building. Opposite the intersection, the Trial Chamber observed St. Joseph’s Church. Location 14: 09:28 to 09:29 Marindvor Zmaja od State Hospital N43.85833 E18.40663 Bosne State Hospital, Kranjčićeva 12 is the State or also General Hospital of Sarajevo. The State Hospital’s official name is Hospital Dr. Abdullah Nakaš. This was a drive by visit. The delegation observed the exterior of the site noting its location in the city.
Case No.: IT-95-5/18-T 6 Site Visit 17-20 May 2011 – Registry Minutes
52258 Location 15: 09:33 to 09:50 Grbavica “Red brick” building N43.85293 E18.40750 Grbavica – “Red brick” building, Zagrebačka 2 A D. The “Red brick” building is a residential apartment building located in the Grbavica quarter in the Municipality of Novo Sarajevo. It is located just across the Office of the High Representative’s (OHR) Building (formerly the Unioninvest Building) and approximately 100 meters from Vrbanja bridge, and a few meters from the Miljacka River’s left bank. It is a six storey apartment building with four entrances from the back side closer to the Miljacka River. Debelo Brdo lies behind the OHR’s building. Bullet holes are visible in the exterior of the building. The Defence indicated that when standing on Ðure Daničića Street only a part of the “Red Brick” Building is visible. The delegation accessed the roof of the building to observe the surroundings and get oriented with the locations Debelo Brdo, the Jewish Cemetery, Franca Lehara Street, Vraca Park, the Red Façade Building (now White Façade Building). There was a disagreement between the Parties on the height of the grey building in front of this “Red Brick” building at the time of the events alleged in the indictment. The Parties agreed that it was the VRS that controlled this building, but the Defence stated that it would present further arguments in the courtroom on the matter. From the outside of the building, near the Miljacka River, opposite the tram line where the delegation observed the “S Curve” the Defence indicated the contours of the confrontation line (ie that it ran next to the “Red Brick” Building, and that the Office of the OHR was on the side of the ARBiH). The Defence also indicated that the Red Façade Building (to be visited later) was split between the ARBiH and the VRS.
Location 16: 09:55 to 10:06 Grbavica “Metalka” building N43.85270 E18.40350 “Metalka” Building, Zagrebačka 4 A D. This is a second apartment building in the group of three identical Red Brick buildings situated along the left bank of Miljacka River. The delegation accessed the roof of the building to observe the surroundings and get oriented with the locations the Museum on the left side, the Faculty of Philosophy to the right, and the Holiday Inn, directly opposite from the delegation stood, and Žuč Hill. The Defence asked the Prosecution if it was their position that the snipers were on the roof of the building. The Prosecution responded in the negative. The Prosecution indicated that this Building is relevant to all six (6) Sniping Incidents alleged to have occurred in the area. Location 17: 10:41 to 11:00 Grbavica White high rise building N43.85305 E18.40000 Grbavica White High Rise Building, Grbavička 6A. The building is located approximately 300 m from the previous site and it is a second skyscraper in the group of four identical 16 storey towers located on the left bank of the Miljacka River. The delegation accessed the roof of the building to observe the surroundings and get oriented with the locations – area of Pofalići, Velačići, Mount Igman (to the North West), Mount Trebević, and the Railway and Bus stations. The Prosecution pointed out that these are the buildings the Trial Chamber observed from the corner of the Museum building a few minutes earlier. The Presiding Judge enquired if it would be possible to see the confrontation line from this location. The Prosecution replied that this could be clearly seen from the Jewish Cemetery. The Defence indicated that from here, the Loris Building (visited later in the day) was the confrontation line. At the base of the building the Prosecution invited the Trial Chamber to look up to the top the building. Bullet and shell marks were visible around the wall of the 14th floor. Case No.: IT-95-5/18-T 7 Site Visit 17-20 May 2011 – Registry Minutes
52257 Location 18:
11:10 to 11:31 Grbavica Jewish Cemetery N43.85104 E18.40749 Grbavica – Jewish Cemetery is located at the outskirts of the town at the foot of Mount Trebević approximately one kilometre from the previous site. The stop at the site allowed the delegation an opportunity to observe the site and to walk around the area. Sarajevo City can be seen from the entrance to the Cemetery. The Parties indicated that the Serb Forces occupied the buildings to the West of the Cemetery and the ABiH occupied the houses on the East on the other side. The Cemetery was located in no man’s land. The Defence took a stand that the Synagogue lay in no man’s land whereas the Prosecution indicated that it was under the control of the VRS. There was agreement that the houses surrounding the Cemetery were occupied by both forces. The view of the street was taken from the bottom of the Cemetery. The Presiding Judge made an observation to the effect that when it is said that firing came from the Jewish Cemetery, it in fact originated from the houses surrounding the cemetery occupied by the different forces. The Prosecution agreed with that observation. At the entrance to the Cemetery the Prosecution identified a few locations to orient the Trial Chamber – the Unioninvest Building (now the OHR’s Building), the Red Brick Building, to the left of which is the Metalka Building, the Greyish building in front of Metalka and the Red Building, the Musuem, the Holiday Inn, the Technical School, and top of the Embassy and Maršal Tito Barracks. The Prosecution noted that on a clear day parts of Grdonj and Sharp Stone (or Špicasta Stijena) can also be seen. The Loris Building was also observed, and the Prosecution noted that it marked the front line. West of that is the neighbourhood of Hrasno. The Red Façade Building was identified as the building with three colours – Red, Pink in the Middle, and White at the end. From the other side of the Cemetery, the Trial Chamber observed another intersection visited earlier, Vrbanja Bridge and Vrbanja Street which are immediately below as well as St. Joesph’s Church. The Defence indicated the contours of the confrontation line stating that the OHR Building was on the ABiH side, the Red Brick building was on the VRS side, and the confrontation line ran between the two buildings. The Defence indicated that the Red Façade Building is difficult to delineate – area on the right hand side was controlled by the ABiH, the middle was no man’s land, and the VRS troops were on the left hand side. The Prosecution concurred, and added that the middle part of the building that is now Pink was blown up and effectively became no man’s land. The front line in this area snaked down house to house, which was difficult to explain from the previous location, i.e., the “High Rise” building. The delegation walked a little to the right from the entrance to the Cemetery to take a look at the area below. According to the Prosecution, the building under construction below the Cemetery did not exist during the conflict, it was a parking lot at the time. Location 19: 11:36 to 11:44 Grbavica Vraca Park N43.84505 E18.39993 Grbavica Vraca Memorial Park is located along the road towards Pale approximately one kilometre from the Jewish cemetery. A stop at the site allowed the delegation an opportunity to observe the site and to walk around the area. As the fog had lifted, the Prosecution identified a few locations to orient the Trial Chamber across the hills looking right, Grdonj was visible, the dark mark of trees starting immediately to the West of Grdonj and continuing to run West marked the location “Špicasta Stijena”or Sharp Stone. The Defence identified Debelo Brdo to the right of the delegation. The outlines of the UNPROFOR bunker were also visible. Behind the willow trees the next elevation, Staro Brdo or Old Hill was recognisable.
Case No.: IT-95-5/18-T 8 Site Visit 17-20 May 2011 – Registry Minutes
52256 Location 20:
11:53 to 12:10 Grbavica Loris Building N43.84805 E18.38630 Grbavica Loris Building, Topal Osman Paše Street 32, is a very large apartment building with 9 entrances located in the Grbavica II quarter in the Novo Sarajevo Municipality. It is a one kilometre drive from the previous site at Vraca Park. At the entrance to the building, the Prosecution explained the contours of the front line: the VRS territory extended from the White buildings where the delegation was to the Loris Building (ending at the corner of the stadium). The Loris building was ABiH held, and the Stadium was VRS held. According to the Prosecution, the building was shelled during the conflict (pockmarks are visible on the exterior of the building), and the part of the building, without visible pockmarks at the time of the site visit, was destroyed during the conflict and had to be re built. The Defence indicated the neighbourhoods of Grbavica and, Hrasno in relation to the Loris Building. The delegation also accessed the roof of the building to observe the surroundings and get oriented with the locations – the Unis Towers, Trg Pero Kostorić (Pero Kostorić Square), the White High Rise Building. The Defence claimed that this building was an ABiH sniper position. The Prosecution stated that the Loris building has no relevance to any of the scheduled sniping incidents alleged in the Indictment, but that it did represent the front line. At the far end of the building, the Defence indicated the location of the Elektropriveda Building, Hotel Bristol and the School of Economics, Trg Pero Kostorić (Pero Kostoric Square), and the Orthodox Church. The Trial Chamber was also able to view the Holiday Inn Hotel and “Sniper Alley.” Location 21: 12:25 to 11:35 Old Centre Markale I – Open Market N 43.85966 E18.42490 Baščaršija Baščaršija and impact sites of Markale I. A stop at the site allowed the delegation an opportunity to observe the sites in the close vicinity and to walk around the area. The Prosecution explained that everything in the area was paved over, the roof over the market was placed after the conflict, and a memorial was erected at the back. The markings were paved over but the corrugated roofs around the kiosk in the corner are the same as seen in the photos and videos at the time. The Prosecution indicated the spot where the “killing shell” landed, and noted that a memorial has been erected in the last few years to commemorate the victims. The impact of the shell is visible on the street. The Defence drew the attention of the Trial Chamber to the space around where the alleged shelling incident took place for orientation later on when visiting other locations. The Defence asked the Prosecution whether Markale I was the scene where two shells landed or just the one, as according to one witness Berko Zečevi}, another shell that landed destroyed the red roofs of the stall. The Prosecution could not recall whether it was one or two shells that landed. The Prosecution invited the Trial Chamber to take a look at the alleged direction of fire, i.e., looking up at the passageway between the houses; it’s just to the North North East, just over the red roof, at the North East side. According to the Prosecution, the Memorial has been built up a metre higher than the building that existed at the time. Location 22: 12:40 to 12:45 Old Centre Markale II – closed market N43.85932 E18.42286 Baščaršija Baščaršija and Impact Sites of Markale II. A stop at the site allowed the delegation an opportunity to observe the sites in close vicinity and to walk around the area. The delegation stopped at the entrance to the closed market. According to the Prosecution, the small green low railing currently seen is not the original green railing that was present at that time. This is a new railing. The Prosecution indicated the direction of fire behind the market building. The spot where the shell landed is still visible on the road, and marked in orange/red colour. The Defence invited the Trial Chamber to observe the width of the street and the height of the market building. The delegation did not access the market inside. There is a memorial on the exterior of the building to commemorate the people killed during the shelling of the Markale II.
Case No.: IT-95-5/18-T 9 Site Visit 17-20 May 2011 – Registry Minutes
52255 Location 23: 12:47 to 12:50 Old Centre Ferhadija N43.85865 E18.42320 Baščaršija Ferhadija (formerly Vase Miskina) Street is a street in the Municipality Stari Grad (Old Town), close to Markale II site, which is now a walking zone with many shops and restaurants. The Trial chamber observed the exterior of the site. The impact site of the shell is still visible in the middle of the street (opposite the Tally Weil store and a passage adjacent to it). The Defence indicated the spot where the shell landed when people were standing at the bread line. The Defence invited the Trial Chamber to observe the width of the road. The shelling incident is not one alleged in the Indictment. Location 24:
14:36 to 14:44 Old Centre Flea Market Baščaršija The Flea Market was added to the schedule as proposed by the Prosecution and agreed on by the Defence. It is a street in the Municipality Stari Grad (Old Town), close to the Pigeon Square. It was observed from the exterior. The Prosecution noted that this is the site of the Shelling Incident G 6 where two shells fell one in the open market area, and the other on the side walk on the opposite side of the road near the rows of building; the windows were destroyed and two people were killed. The building has been re built. The impact traces of the shells are not currently visible on the side walk. The Defence invited the Trial Chamber to observe the house at the corner of the street adjacent to the Hotel Villa Orient and diagonally opposite the building referred to above, and to pay particular attention to the window on the lower right hand corner, and the area around it Location 25:
14:55 to 15:03 Centre Mis Irbina 18 N43.85761 E18.4166 Mis Irbina Street No. 18. This site is located approximately one kilometre from the previous site on Ferhadija. It is located in front of the building built in a back yard behind the main street which is to be approached through a passage in a building. The Trial Chamber observed the exterior of the site. The Defence identified the traces of the shells inside the building. There are no traces on the exterior of the building since the Defence allege based on the MUP investigation report that the shells landed on the sand bags placed against the grey building, i.e., the police station. Bullet holes are visible on the exterior of the building. The delegation was unable to access the interior of the building to observe the impact markings. The Defence invited the Trial Chamber to observe the space between the buildings in the courtyard and the place of impact of the shell. Location 26: 15:06 to 15:10 Centre Branislava Ðurñeva (formerly N43.85831 E18.41529 Dositejeva) street Branislava ðurñeva (formerly Dositejeva) Street. This site is located approximately 200 meters away from the previous site and is situated on a small square which now houses Federation of BH Chamber of Commerce and the building of the Socialist Democratic Party. The Trial Chamber observed the exterior of the site. The Prosecution noted that this is the site of the Shelling Incident G14, where a modified air bomb landed on the Oncology
Case No.: IT-95-5/18-T 10 Site Visit 17-20 May 2011 – Registry Minutes
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Department to the North West from where the delegation stood (the Building with a Pink façade). According to the Prosecution, the Building has been completely renovated since the war. The air bomb impacted from the top and the roof caved in. The Prosecution noted that the whole complex was damaged as a result of the impact of the air bomb. The Defence indicated that if the building complex now identified by the Prosecution is in fact the building that was destroyed, then there is a discrepancy in the number of the building alleged in the Indictment and the number of the building observed. The Parties indicated the Presidency of BiH and the Ministry of Foreign Affairs buildings in the vicinity of the site. Location 27: 15:19 to 15:20 Centre Koševo Hospital N43.86805 E18.41636 Koševo Hospital, Bolnička 25 is situated in the Municipality Sarajevo Centre, approximately 1 kilometre from the previous site. The Delegation observed the location on a drive by. Location 28: 15:23 to 15:29 Centre Nursery Jezero N43.8772 E18.40865 Nursery Jezero, Patriotske Lige 81, is situated 2 kilometres from the Koševo Hospital. According to the Prosecution, the site of the present Maternity Hospital was not the original location during the war. The original location is a ruined building that was observed while driving up the hill. This has been referred to in the Prosecution’s Pre Trial Brief. A short stop at the site allowed the delegation an opportunity to observe the site and to walk around the area. The Trial Chamber observed the following locations – Trebević, Hum, Stadium Sarajevo, the Unis towers, Grdonj, the City Centre of Sarajevo below the Stadium and the road to Velačići. There are several cemeteries located below, one a military cemetery for Shaheeds (martyrs) and the other for civilians. According to the Defence, the Nursery Jezero building was controlled by the ABiH. The Prosecution agreed that the building was re taken by the ABiH eventually, after having originally lost it to the VRS. Location 29: 15:53 to 16h17 Velešiči Hum Tower N43.87235 E18.38655 Hum Tower (Elevation 816) is located approximately 4 kilometres from the Nursery Jezero at the summit of Hum Hill which looks over the Velešići quarter in the Sarajevo Municipality Centre. Its summit is at 816 metres and houses a Bosnia and Herzegovina radio television transmission tower which is approximately 100 m high. The delegation was permitted to access the middle platform of the TV transmitter tower for a panoramic view of Sarajevo and its environs – the Unis Towers, the Church and the Minarets of the Main Mosque close to the Markale Market, Alipašino Polje, Dobrinja, Nedžarići Mojmilo Hill, Žuč Hill, Orlić, Vogo{ća, the Pretis Factory, Pofalići, Guca Potok. The Defence recommended a visit to the location as it was one of the dominant positions held by the ARBiH.
Case No.: IT-95-5/18-T 11 Site Visit 17-20 May 2011 – Registry Minutes
52253 Location 30: 17:22 to 17:39 Širokača Žagrići street 38 N43.85273 E18.42327 Žagrići Street No. 38A in Širokača, is a neighbourhood in the Sarajevo Municipality’s Old Town and lies on the slopes of Mount Trebević on the left bank of the Miljacka River. The delegation had an opportunity to enter a private court yard at this site – the home of Anisa Pita, a 3 year old girl who was shot and wounded in her right leg on the porch of the house as alleged in Sniping Incident F 1 of the Indictment. Shrapnel and bullet marks are found on the gate of the house. Mrs. Pita, the mother of Anisa Pita explained the present personal circumstances of the family. She also indicated the spot where Anisa Pita was shot. Mrs. Pita indicated that the area of the porch has been re built and does not resemble the scene at the time of the incident. At the rear of the house the Trial Chamber got a view of the surrounding area including Stijena Baba. The rock face above Stijena Baba called Zlati{te that the Prosecution invited the Trial Chamber to observe was also not visible because of the tree cover. Mr. Pita indicated that all the houses were without the facades, and the ridge of trees currently visible did not exist at the time of the incident. Location 31: 17:51 to 18:08 Debelo brdo Debelo Brdo – elevation 745 N43.84692 E18.41077 Grbavica Debelo Brdo (elevation 745) is located approximately 2 kilometres from Širokača. Debelo Brdo (Fat Hill) is a hill which spreads on the slopes of Mount Trebević over two Sarajevo Municipalities Centre and New Sarajevo. The delegation had a panoramic view of the surrounding areas from the summit of the hill – the Museum, the Holiday Inn Hotel, Hum Hill. Remnants of the UNPROFOR out posts are also visible. The Defence claimed that this area was occupied by the ABiH even during the UNPROFOR’s presence in the area. The UNPORFOR, according to the Prosecution was interposed between the Serb and ABiH forces. The Prosecution indicated that part of the hill was held by the ABIH, and noted that the front of Debelo Brdo was an exposed position (to the South side). The Defence then noted that Vraca National Park was also very exposed to Debelo Brdo. Location 32: 18:14 to 18:30 Grbavica Unioninvest Building N43.85250 E18.40527 Grbavica Unioninvest Building, Emerika Bluma 1. The site is located next to the Vrbanja bridge on the left bank of the Miljacka River. The building currently houses the Administrative Seat of the Office of the High Representative (“OHR”) in Bosnia and Herzegovina. Before the war it was a seat of the company Unioninvest d.d. Sarajevo. The delegation accessed the top floor of the building where OHR’s cafeteria is located. The Trial Chamber noted the following locations – the Red Brick Building, Vrbanja Bridge, the Holiday Inn, the State Hospital, the Jewish Cemetery, Deblo Brdo. Location 33: 18:32 to 18:46 Grbavica Red façade building N43.85200 E18.40510 Grbavica – Red Façade building, Emerika Bluma 3. The building is located close to OHR Headquarters within the walking distance of 100 meters. The Delegation accessed the roof of the building. The Trial Chamber observed the following locations – the Assembly Building, the Metalka Building, Ðure Daniči}a street. The Parties disagreed on the state of a nearby building with a blue roof at the moment and at the time of the conflict (whether it was burnt down or not).
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Day 2 – 18 May 2011 Location 34: 09:19 to 09:26 Hrasno Azize Šaćirbegović Street (formerly N43.84823 E18.37987 Ivana Krndelja) Hrasno Azize Šaćirbegović Street (formerly Ivana Krndelja). This site is located in the Sarajevo neighbourhood of Hrasno which lies on the left bank of the Miljacka River between the neighbourhoods of Čengić Vila and Grbavica. Most of the quarter belongs to the Municpality Novo Sarajevo and the smaller part belongs to Novi Grad. A stop at the site allowed the delegation an opportunity to observe the site and to walk around the area. According to the Prosecution, this is the place of the Sniping Incident F 4. The Parties disagreed slightly on the exact location of the incident, but agreed that it is located in front of the entrance to the apartment building at Azize Šaćirbegović 82. According to the Prosecution, the mother and the daughter were moving from the corner of the building to the East of where the delegation stood, i.e., the Pink and White Building and were proceeding to the corner of the Gold covered building when the shot came from across the street over the ridge. The top of the ridge up the street is Ozrenska Street, and that represented the front line according to the Prosecution. The Defence contended that the direction of fire is established, but the particular house from where the shots originated has not been determined. The Defence also requested the Trial Chamber to observe the distance between Ozrenska Street and the incident site. The Parties agreed that no particular house is mentioned as the origin of fire in the Indictment. The Parties agreed that there were barricades on the street to protect against sniping, i.e., where the incident took place, however there were disagreements on their exact location. The Defence invited the Trial Chamber to observe the Memorial erected a few feet away from the Building just viewed, in honour of the soldiers killed who were from Hrasno and Hrasno Brdo. The Memorial has a flag in front which reads “1st Corps of Army of Republic of Bosnia and Herzegovina 101st Motorized Brigade.” Before the war, and currently the building behind the Memorial is the Office of the Taxi Association “Žuti Taxi” (“Yellow Taxi”). The Parties were unsure whether the building and the Memorial are in any way connected. The Defence also invited the Trial Chamber to walk a little further forward towards the top of Azize Šaćirbegović Street and to take a look at a grey building with a commercial hoarding labelled “Hypo Alpe Adria” on the façade facing Azize Šaćirbegović Street. The Defence indicated to the Trial Chamber that there is another Red coloured hoarding on the façade of the same building that faces the intersecting street that would be important to bear in mind as the delegation visits the next location. Location 35: 09:36 to 09:50 Hrasno Novopazarska street (formerly N43.84094 E18.38148 Ozrenska ) Hrasno Novopazarska Street (formerly Ozrenska). The exact location of the site is in front of the house without a façade at the very end of Posavska Street at the T junction with Novopazarska Street. The site is accessible by a narrow and very steep Posavska Street. A stop at the site allowed the delegation an opportunity to observe the site and to walk around the area. The Parties agreed that this Street was the front line. The Defence invited the Trial Chamber to observe the hoarding alluded to during the visit to the previous location. The Prosecution invited the Trial Chamber to take a look at the location where the Tarić family (Sniping Incident F4) was hit. The location however, could only be viewed by climbing a set of stairs of a ruined house on the Novopazarska Street. The Trial Chamber declined the Prosecution’s offer on grounds of safety, based on the advice of the attendant security personnel. A view of the exact location was not possible because of the dense tree cover surrounding the area. Towards the end of the visit to this location, the Defence indicated to the Trial Chamber the location (the house near the damaged one referenced above) of the alleged firing position related to Sniping Incident F 10. The Defence understood the evidence to suggest that this was the location of the origin of fire. The owner of the house was present, and she explained that she is the new owner. She bought the house after the war; the house at the time consisted of the ground floor and the first floor, whereas now it had two extra floors. The Defence wanted the Trial Chamber to note the distance between the location on Ozrenska Street and the location of the Sniping Incident F 10. The distance issue
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is to be raised later during trial by the Defence. The Prosecution contended that there is no line of sight along the direction of fire any longer because of the big building that’s been built overlooking the location. Location 36: 10:00 to 10:05 Čengić Vila Ferde Hauptmana street (formerly N43.85127 E18.37568 Miljenka Cvitkovića street) no.4 Hrasno Ferde Hauptmana Street (formerly Miljenka Cvitkovića Street) No.4. The site, which is the location of the Sniping Incident F 10, is located exactly in front of the furniture store named “Studio 8”, which was at the time of the incident a shoe shop. The address of the site appears to be Džemala Bijedića No. 20 and the Defence wanted the Chamber to note that address and compare it to the address stated in the Indictment, namely Ferde Hauptmana Street (formerly Miljenka Cvitkovića Street) No.4. There was disagreement on the distance from the previous site as measured by a straight line. A stop at the site allowed the delegation an opportunity to observe the site and to walk around the area. The Defence then requested the Trial Chamber to observe the location identified in Schedule F 10 of the Indictment i.e., Ferde Hauptmana Street (formerly Miljenka Cvitkovića Street) No.4 which is located to the rear of Džemala Bijedića No. 20, and can be approached by walking a few metres through a passageway to the left of “Studio 8”. Location 37: 10:08 to 10:58 Alipašino BiH TV building N43.84790 E18.35330 Polje Alipašino Polje BiH TV Building, Bulevar Meše Selimovića 12. The Radio and Television of Bosnia Herzegovina (locally known as Radiotelevizija Bosne i Hercegovine or BHRT for short) was formerly known as PBSBiH (Public Broadcasting Service of Bosnia and Herzegovina). The delegation accessed the roof of the building to observe the locations in the vicinity– Safeta Zajke Street, Alipašin Most, and the Waste Disposal Site. The Trial Chamber also observed the point of impact of the air bomb that hit the building and the extent of the damage to the building. Mr. Branislav Krneta “Buco”, an employee at the BiH TV who was available to talk to the delegation, explained to the Trial Chamber the circumstances surrounding the incident. He is the chief repairman for the microwaves. One policeman/security guard was killed as the bomb fell down and exploded in the quadrangle. A monument has been placed on the wall at the spot where he died as a result of the explosion. The delegation also visited the quadrangle and the monument on the ground floor of the building. A part of wall has been rebuilt. Looking skywards from the quadrangle damage along the walls of the building is visible. Location 38:
11:02 to 11:06 Alipašino Polje Majdanska street N43.84590 E18.35514 Alipašino Polje Majdanska Street. This is the site of Shelling Incident G 12. It is located in Alipašino Polje which is a quarter in the Sarajevo municipality of Novi Grad just oposite the BiH TV building. It is made of three neighbourhoods Phase A, Phase B, and Phase C, which include six local communities. In the area is an electric transformer sub station. A stop at the site allowed the delegation an opportunity to observe the site and to walk around the area. A modified air bomb is alleged to have landed at the site on 24 May 1995 killing two (2) civilians and wounding six (6) others. According to the Prosecution the impact site of the air bomb is the grassy area where two electrical pylons are located. Behind the power sub station transformer station the Trial Chamber observed the Case No.: IT-95-5/18-T 14 Site Visit 17-20 May 2011 – Registry Minutes
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Municipal Building of Novi Grad Municipality, that was also shared with UNMIB until 1999 2000. It is now the Institute for Land Planning. Location 39: 11:07 to 11:10 Alipašino Polje Safeta Hadžića Street N43.84281 E18.35721 Alipašino Polje Safeta Hadžića Street. This is the site of Shelling Incident G 13 which is said to have taken place on Safeta Hadžića Street. The Prosecution indicated, however, that the exact location of the incident was the top of the five storey white apartment building which is located at the left side of the T junction between Prvomajska Street and Majdanska Street. A stop at the site allowed the delegation an opportunity to observe the location. Location 40: 11:13 to 11:23 Alipašino Polje Geteova (previously Cetinjska) Street N43.84336 E18.34893 and Bosanska (previously Klara Cetkin) Street Alipašino Polje Geteova (previously Cetinjska) Street and Bosanska (previously Klara Cetkin) Street. This is the site of Shelling Incident G 6. According to the Indictment, three mortar shells landed in the area killing six (6) children and wounding five (5) others. The site is located at the street in front of the restaurant at the ground floor of the skyscraper at Geteova 3, approximately 400 metres from the previous site. A stop at the site allowed the delegation an opportunity to observe the site and to walk around the area to observe the impact locations of the shells. According to the Prosecution, the first shell landed in the Park behind the building, and the second and third in front of the residential apartment buildings a Geteova Street No. 3 (previously Centinjska Street) and at Bosanka Street No. 4 (previously Klara Cetkin Street). There was disagreement between the Parties on the origin of fire. According to the Prosecution, the mortar was fired from Bosnian Serb held territory to the West. The Defence contended that the origin of fire was from the South West, i.e., where the confrontation line ran. The impact location of the first mortar shell is partially visible on the road and marked in red. The ‘Maxi’ market seen was not present at the time according to the Prosecution; however the slope near the location was present at the time of the incident. A Memorial to commemorate the victims of the shelling has been placed on the outside wall of the building located at No. 4 Bosanska Street. The crater where the second shell fell is visible on the edge of the sidewalk opposite the building bearing No. 4 Bosanska Street. Location 41: 11:29 to 11:39 Alipašino Polje Trg Meñunarodnog Prijateljstva No. 10 N43.84450 E18.34315 Alipašino Polje Trg Meñunarodnog Prijateljstva No. 10. The site is located on the meadow at the rear of the skyscraper at this address. Its distance from the previous site is only several hundred meters. This is the site of Shelling Incident G 15. A stop at the site allowed the delegation an opportunity to observe the site and to walk around the area. According to the Prosecution a modified air bomb fired from Lukavica, a Bosnian Serb held territory exploded next to Trg Meñunarodnog Prijateljstva No. 10, lightly injuring seven (7) persons and causing considerable damage to the neighbouring buildings. The damage to the facades of the buildings is visible. The impact crater has been paved over. The Defence requested the Trial Chamber to observe the traces on the buildings for different reasons to be argued in future. For future arguments, the Defence also requested the Trial Chamber to observe the “Bitumenka Building”, a two floor building housing the factory that produces tar/bitumen across the car park on the opposite side of the road from the current location.
Case No.: IT-95-5/18-T 15 Site Visit 17-20 May 2011 – Registry Minutes
52249 Location 42: 11:39 to 11:40 Alipašino Polje PTT Building N43.84615 E18.34399 Alipašino polje – PTT Building, Bulevar Meše Selimovića 18. Building of the PTT is located on opposite side of the main avenue. The delegation observed the location from the vehicles parked along the main road. Location 43: 12:28 to 12:34 Alipašin Most Safeta Zajke Street N43.85178 E18.35376 Safeta Zajke Street No. 27. This is the site of Shelling Incident G 11. The site is located at the foot of Žuč Hill in the neighbourhood Alipašin Most, still in the Municipality Novi Grad, approx. 4 kilometres by road from our previous site. On the both sides of Safeta Zajke Street no.27 are premises of the company “Stilska Gradnja” which deals with the selling and installation of windows and doors. A short stop at the site to allowed the delegation an opportunity to observe the location, including the TV station and the Energoinvest Factory. Location 44: 12:45 to 12:57 Žuč hill a. Hill Žuč elevation 850 a. N43.8800 E18.34916 b. Orlić elevation 876 b. N43.8775 E18.36305 c. Boljakov potok – view point c. N43.86382 E18.34636 Hill Žuč (elevation 850 Žuč and elevation 876 Orlić). Žuč hill with its highest summit at 850 meters is the highest point in the Municipality Novi Grad. The other summit Orlić is approximately in the same line with Žuč some 500 metres in the straight line to the right and belongs to Vogošća Municipality. The delegation viewed both summits from the ground of the City Waste Disposal Company at Boljakov Potok which is approximately 1.5 2 km away in a straight line from the both summits. Location 45: 13:03 to 13:10 Briješko Brdo Bulbulistan (formerly Briješko Brdo) N43.85699 E18.32823 Street Bulbulistan (formerly Briješko Brdo) Street. The site is located approximately 5 kilometres by road from the City Waste Disposal ground in the Municipality of Novi Grad. This is the site of Sniping Incident F 5. The current address of the house closest to the site is Izeta Karišika Street 102. A short stop at the site allowed the delegation an opportunity to observe the site and to walk around the area. According to the Prosecution, the victim was hit wile carrying buckets of water and the direction of fire was from below the street towards the red houses. For the Defence it was important to know the location of the source of water in November 1993. The Defence disagreed with the Prosecution on the direction of fire, the direction of movement of the victim, and the exact location of the incident. The Prosecution indicated the path below the street that leads to the water spring. The spring, however, was not visible. The Defence indicated that they saw a spring and water pipe down the road. The delegation observed the
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outline of what appeared to be a stream towards the grassy area below, bit it was not conclusively established if it was a stream. Location 46: 14:58 to 15:16 Trebević Stijena “Baba” – Way Point 8 N43.84498 E18.42005 Mt. Trebević Stijena Baba. The site is located along the road towards Pale at the location Zlatište at the foot of Mountain Trebević approximately 4 kilometres from the Vraca Park. Stijena Baba is actually a heap of rocks approximately 4 5 metres elevated by the road. A short stop at the site allowed the delegation an opportunity to observe the site and to take a view of various locations around it – the burnt out structures i.e., Staro Brdo, Skenderija, Zlati{te (the cliff face behind where the delegation stood). According to the Prosecution, this site is relevant for two reasons – it was assessed as the area of the origin of fire of the alleged Sniping Incident F 1 and it’s also one of the Way Points discussed in witness Barry Hogan’s evidence (Way Point 8). The Defence invited the Trial Chamber to observe the species of trees growing in the area and the elevation between this location, a second elevation below and Jagi{ce Street below. The Defence disputed the existence of a line of sight from the location to the scene of the Sniping Incident F1. The Prosecution explained the relevance of the Way Points in general. According to the Prosecution it is related to witness Barry Hogan’s evidence, a component of which was related to Shelling Incident G 19, and also for the explanation offered by Colonel Demurenko in the video tendered by the Defence. The Prosecution then summarised Mr. Hogan’s evidence with leave of the Trial Chamber. Location 47: 15:25 to 15:28 Trebević Way Point 5 N43.83447 E18.43096 Mt. Trebević – Way Point 5. The site is located in a small glade by the road approximately one kilometre from the Studenkovići settlement towards the main road leading to the summit of Mt. Trebević. The delegation observed the site on foot. The Defence suggested to the Trial Chamber that, if there is an opportunity to observe the city of Sarajevo from any of these Way Points, that attention is paid to the width of the roads. The Defence would argue the issue at a later stage. Location 48: 15:35 to 15:40 Trebević Way Point 2 N43.82742 E18.42687 Mt. Trebević – Way Point 2. This site is is situated in the middle of a small settlement ‘Studenkovići’ approximately two kilometres from the main road leading to the top of the mountain. The site is accessible is by a fairly good gravel road. A short stop at the site allowed the delegation an opportunity to observe the site and to walk around the area. The Prosecution did not add anything more than what was said at Way Point 8.
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52247 Location 49: 15:42 to 15:43 Trebević Way Point 3 N43.82884 E18.42606 Mt. Trebević – Way Point 3. The site is located on a small glade by the road approx. one kilometre from the ‘Studenkovići’ settlement towards the main road leading to the summit of Mt. Trebević. The delegation observed the site from the car. Location 50: 15:56 to 16:06 Trebević Way Point 10 N43.82771 E18.43429 Mt. Trebević – Way Point 10. This site is located approximately 1.5 kilometres from the previous Way Point, along the asphalt road to the top of Trebević. This area is the North facing Slopes of Trebević. The Trial Chamber observed the surrounding areas Ba{~ar{ija, Hum Hill, Parts of Hrasno, Otoka, Red Building with the sign “ERONET”, seen earlier in the day, Grdonj, Špicasta Stijena, Sedrenik, Vratnik and the Breka Settlement. According to the Prosecution, this site lies in the axis between 170 and 176 degrees within 10 metres (as stated by Colonel Demurenko) with a plus or minus 5 degree error of margin. The Defence requested that the Trial Chamber observe the distance from the location to Sarajevo, and recall the width of the streets in the city of Sarajevo. Location 51: 16:21 to 16:42 Trebević Čolina Kapa – Elevation 966 N43.84586 E18.43978 Mt. Trebević – Čolina Kapa. This site is a small elevation at the foot of the old bob sledge track on the slopes of the Mountain Trebević approximately 4 5 kilometres from the previous site. The hill is accessible only on foot after a hike up the hill. The delegation had an opportunity to take a view from the summit of the hill and observed the following locations – Grdonj, @uć Hill, Hum Hill, Trebevi}, and Špicasta Stijena. According to the Defence this area was under the control of the ARBiH. Location 52: 17:38 to 17:50 Sedrenik Sedrenik 157 N43.87085 E18.44124 Sedrenik Street No. 157. Sedrenik is a suburb in the northeast part of Sarajevo located in two Municipalities – the Old Town and Centre. It is situated on steep slopes towards Špicasta Stijena and Grdonj, and lies approximately 3 kilometres from Baščaršija. The area is composed of mostly private houses. This is the site of Sniping Incident F 2. The incident site, i.e., the location of the victim is located in a yard of a private house and the delegation entered the premises of the house. The Trial Chamber was unable to view the exact location of the alleged origin of fire i.e. Špicasta Stijena, owing to the tree cover in the area. The owner of the house indicated that the roof of the house opposite the residence did not exist at the time of the alleged incident, and the pear tree in front of the house was also much shorter that it presently is.
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52246 Location 53: 17:56 to 16:26 Sedrenik Špicasta Stijena – Elevation 883 N43.88005 E18.43562 Sedrenik Špicasta Stijena (Sharp Stone – Elevation 883). Špicasta Stijena is an approximately 50 metre high rocky cliff on Grdonj Hill. The viewing points were accessible from the edge of the cliff. This is the alleged origin of fire for Sniping Incidents F 2 and F 17. The Defence requested the Trial Chamber to view the house alleged in Scheduled Incidents F 2 and F 17 of the Indictment from all the locations where the VRS snipers were allegedly stationed at. The Defence also notably disagreed with the Prosecution’s position that this area was under Serbian control during the entire duration of the war. The Trial Camber observed the house where the victim of the Sniping Incident F2 was allegedly shot (a Red Brick house). The Defence also called on the Trial Chamber to observe the distance between the present location and the victim’s house. The Chamber then observed whether the site of the Sniping Incident F 17 of the Indictment was visible. The Trial Chamber finally observed a number of trenches along an open path in an area leading to the wooded areas. The Defence requested the Trial Chamber to observe the height of the trenches relative to each of its sides. The Defence pointed out that the left side of the trench is lower than the right side. Location 54: 18:28 to 18:39 Sedrenik Grdonj – Elevation 901 N43.87770 E18.43050 Sedrenik Grdonj (Elevation 901). Grdonj is a hill above the Sedrenik suburb in North Eastern Sarajevo. At the summit, the building of the BiH Seismological Institute and the Monument and Museum of 105th Motorized Brigade of the ABiH is located. The delegation had the opportunity to take a view of the surrounding areas from the summit of the hill – Grdonj Hill, Hum Hill, Breka Hill, the Maternity Hospital, Jezero Nursery, Vogo{ća, Stari Grad, Markale Market area. The Defence also pointed to the wooded areas in the direction of Špicasta Stijena and indicated that there are trenches in the woods.
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Site Visit Day 3 – 19 May 2011 Location 55:
09:08 to 09:16 Nedžarići Adija Mulabegovića (formerly Djure N43.84061 E18.33912 Jakšića) Street Nedžarići Adija Mulabegovića (formerly Djure Jakšića) Street. The site is located in the neighbourhood of Nedžarići in Novi Grad Municipality. It is bordered on one side by Alipašino Polje, and from the other side by Dobrinja. A stop at the site allowed the delegation an opportunity to observe the site and to walk around the area. According to the Prosecution, this is the ‘approximate’ location of the Sniping Incident F 9, as the café that is currently visible did not exist at the time of the incident. The lines seen on the pavement (approximately 180 centimetres across) represent what was a communication trench of the ARBiH. The origin of fire as alleged by the Prosecution was from the School of the Blind behind the location. The defence disagreed with the location of the victim as alleged by the Prosecution. The high rise buildings surrounding the location bear visible pockmarks. Location 56: 09:19 to 09:32 Nedžarići a. Institute for the Blind5 a. N43.84041 E18.33790 b. School for Blind Children b. N43.84093 E18.33696 Nedžarići – Institute and the School for the Blind, Ramiza Salčina 2 and Aleja Bosne Srebrene 40. There are two buildings located approximately one kilometre from the previous location, and 50 meters apart from each other. The Prosecution drew the attention of the Trial Chamber to the side wall of the School for the Blind which bears visible patch near the eave of the roof. At this point the Defence sought instructions from the Trial Chamber on whether it is permissible to make references to the height of trees and the existence of new roofs and buildings especially in areas of the line of sight as these issues are argumentative, and fall outside the parameters of the Guidelines for the Site Visit issued by the Trial Chamber. The Trial Chamber instructed the Parties to keep their comments to a minimum and within the confines of the Guidelines. The Trial Chamber permitted the Parties to draw the attention of the Judges to matters that are already in evidence to refresh their recollection. The Chamber then decided, with the agreement of the parties, not to enter the School, even though the interior inspection was scheduled. Location 57: 09:34 to 09:50 Nedžarići Faculty of Theology N43.83417 E18.33199 Nedžarići Faculty of Theology, Aleja Bosne Srebrene 111. The site is located at the Franciscan Monastery St. Paul which serves also as a Franciscan Faculty of Theology. A stop at the site allowed the delegation an opportunity to observe the line of sight from the window of the 3rd floor of the building. The defence wanted the Trial Chamber to check if it could observe ground from the window. The roof of the building was inaccessible.
5 The Trial Chamber decided not to enter the premises of the Institute for the Blind. Case No.: IT-95-5/18-T 20 Site Visit 17-20 May 2011 – Registry Minutes
52244 Location 58: 10:06 to 10:40 Nedžarići Mojmilo Hill – Elevation 669 N43.83522 E18.35908 Mojmilo Hill (Elevation 669). Mojmilo Hill is a mid sized elevation situated at the Sarajevo outskirts between the neighbourhoods of Alipašino Polje and Dobrinja, with its summit at 669 meters. It is the western ridge of Mount Trebevi}. The top of the hill is now turned into an arboretum, and it is administred by the Municipality of Novi Grad and its company “Park Šume Mojmilo.” The delegation stopped in front of the restaurant at the entrance to the Park and hiked to the top of the hill approximately 400 metres away and viewed Alipašino Polje settlement, the Centre and Old Town neighbourhoods, Ilidža, Nedžarići and Dobrinja, the Airport Butmir, Sokolovi} Kolonija and Hrasnica, Mount Igman, Lukavica, Trebevi}, @uć Hill, Hum Hill, Brije{ko Brdo, the Waste Disposal Site, Buca Potok, Boljakov Potok, Rajlovac, Sokolja. The site of the alleged shelling (parking lot at Dobrinja III) during the football match on 1 June 1993 was observed (Shelling Incident G4). The inter entity boundary between the Federation of BiH and the Republika Srpska was identified. According to the Prosecution, the houses observed around the location were built after the war. Location 59: 11:19 to 11:29 Dobrinja Parking Lot at Dobrinja III N43.83030 E18.35321 Dobrinja – Parking Lot at Dobrinja III. Dobrinja is a neighbourhood in the Sarajevo Municipality of Novi Grad. This is the site of Shelling Incident G 4. The site itself is located in the Dobrinja III neighbourhood in a parking lot which is approximately 5 kilometres by road from the previous site. A stop at the site allowed the delegation an opportunity to observe the site and to walk around the area. The Trial Chamber observed Mojmilo Hill from the location. A smokestack/heating plant was also observed located to the North of the parking lot. The parking lot is composed of two sections separated by a grassy area and bordered on three sides by residential apartment blocks and on the fourth side by the Lukavica Road in Dobrinja IIIB, a residential settlement. The Prosecution identified the impact site of the first shell for the Trial Chamber. The Defence was not prepared to accept that the location of the football game was in the area indicated by the Prosecution and contended that the football match was played in the smaller of the two areas, and not in the area alleged by the Prosecution. The Defence noted that it is still investigating the matter. The Prosecution disagreed and referred the Trial Chamber to the evidence on the record to support their case. According to the Defence, Mojmilo Hill was in the direction from which the shell allegedly came. The impact crater of what the Prosecution said was the second shell located in the larger of the two areas was observed by the delegation. It is painted in Red. According to the Prosecution the origin of fire of both shells was from the South South East direction. Location 60:
11h31 to 11h38 Dobrinja Bridge on Nikola Demonje Street N43.82950 E18.35026 Dobrinja – Bridge on Nikola Demonje Street. The site is located less than a kilometre from the previous site. A stop at the site allowed the delegation an opportunity to observe the site and to walk around the area. This is the site of Sniping Incident F 6. According to the Prosecution, the origin of fire was from the Orthodox Church across the bridge in the distance. According to the Defence, the spot where the victim was when shot was across the street from where the delegation stood. The Defence based their view on a photograph showing the Prosecution investigator standing at the spot identified by the Defence. There was agreement between the Parties with regard to the direction of the victim’s travel at the time of the incident. According to the Prosecution, the victim was shot once she emerged from the barricades that were placed in the area. The Defence requested the Trial Chamber to walk to the exact spot where the victim was shot.
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52243 Location 61: 11:40 to 11:45 Dobrinja Junction of Nikole Demonje and N43.82808 E18.34924 Bulevar Branioca Dobrinje (formerly Nikole Demonje and Bulevar AVNOJ) Dobrinja – Junction of Nikole Demonje and Bulevar Branioca Dobrinje (formerly Nikole Demonje and Bulevar AVNOJ). The site is located only several hundred meters from the previous location. A short stop at the site allowed the delegation an opportunity to observe the site and to walk around the area. This is the site of Sniping Incident F 7. According to the Defence, the origin of fire was roughly from the direction of the Faculty of Theology. The Prosecution disagreed. The Defence also took the position that there is no line of sight to the place of incident from the origin of fire alleged by the Prosecution. There was agreement between the Parties on the location of the incident. The Defence requested the Trial Chamber to take note of the yellow building in front of where the delegation stood. The Defence also drew the Trial Chamber’s attention to the locations in the vicinity Mojmilo Hill, Mount Igman, and Lukavica. Location 62:
11:51 to 12:08 Dobrinja Oslobodilaca Sarajeva and Mihajla N43.82545 E18.34822 Pupina Street Dobrinja Oslobodilaca Sarajeva and Mihajla Pupina Street. This is the site of Shelling Incident G 7. This location is several hundred meters away from the previous location, and includes three impact sites in a range of 100 meters from each other. A short stop at the site allowed the delegation an opportunity to observe the site and to walk around the area. The Defence agreed that in relation to this incident three shells impacted the location. The scene of impact of the first shell, according to the Prosecution, is a window with a grate and white etching to it in a building with door number 8. The Defence requested the Trial Chamber to observe that even numbered buildings are on one side of the street, and odd numbered buildings on the opposite side. According to the Prosecution, the open concreted area/basketball court located after the passageway through the building is the scene of the impact site of the second and third shells. Also according to the Prosecution, at the time of the incident an ‘ad hoc’ open market set up by local people was being run in the concreted area/basketball court. The Prosecution further indicated that the second shell landed on the open concreted area/basketball court. The impact crater has been re surfaced. The Prosecution indicated that the third shell landed at the ground floor of the apartment blocks opposite the open concreted area/basketball court. The shells, as alleged by the Prosecution, came from Bosnian Serb held positions to the East from where the delegation stood to observe the site, i.e., the open concreted area/basketball court. The Defence disagreed with the Prosecution stating that the origin of fire was in the direction of Mojmilo Hill i.e., in a North Easterly direction from the where the delegation stood. Adjacent to the open concreted area/basketball court, the delegation also observed a Memorial erected to commemorate the victims of the shelling. Location 63: 12:12 to 12:21 Dobrinja Hakije Turajlića Street (previously N43.82678 E18.34228 Aleja Branka Bulića then Spasenije Cane Babović) No. 39 Dobrinja – Hakije Turajlića Street (previously Aleja Branka Bulića then Spasenije Cane Babović) No. 39. The site is located approximately 500 metres away from the previous location. This is the site of Shelling Incident G 5. The impact site was at the sidewalk in front of the house at this address and can be seen. The Parties disagreed on the origin of fire. According to the Prosecution, it came from the West North West direction, while the Defence Case No.: IT-95-5/18-T 22 Site Visit 17-20 May 2011 – Registry Minutes
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contended that it came from the North East. The Trial Chamber also observed the pockmarked buildings opposite the house at this address. The delegation then had an opportunity to see the water pump located in the garden at the rear of the house. Location 64:
12:41 to 12:45 Dobrinja Skender Kulenović Primary School N43.82782 E18.34649 Dobrinja – Skender Kulenović Primary School (formerly Simon Bolivar School), Bulevar Mimar Sinana bb.6 The school is located next to the Mercator Shoping Centre in Dobrinja and the site of the incident, which is not in the Indictment, is located in a left corner of a school yard. A short stop at the site allowed the delegation an opportunity to observe the site and to walk around the area without entering the premises of the school. The gymnasium of the school which was shelled was viewed from behind the school yard’s fence. According to the Defence, the shell landed on the building from the top of the building. According to the Prosecution, the building did not have a roof at the time. According to the Defence, the origin of fire in relation to the gymnasium was the South West. Location 65: 12:49 to 13:00 Dobrinja Foot Bridge Over the Dobrinja River N43.83063 E18.34746 Dobrinja – Foot Bridge Over the Dobrinja River. The site is located approximately at a distance of 1 kilometre from the previous site on the left bank of the Dobrinja River. A stop at the site allowed the delegation an opportunity to observe the site and to walk around the area. This is the site of Sniping Incident F 3. By lining up against the edge of the River, the Trial Chamber was in a position to observe the line of fire leading up to the Orthodox Church up River, which according to the Prosecution was the location of the shooter. According to the Prosecution, the victim was allegedly shot at the water’s edge below the Bridge while collecting water. The Trial Chamber scaled down to the bank of the River to observe the exact location of where the victim was standing. The Defence requested the Trial Chamber to observe the colour and the quality of the water of the River, as well as the distance between the incident site and the alleged origin of fire. The Trial Chamber also observed the surrounding neighbourhoods of Dobrinja – Dobrinja 2, 3, 4 and 5. Location 66: 15:12 to 15:26 Lukavica Orthodox Church N43.82521 E18.35883 Lukavica – The Orthodox Church is located in the Municipality of Eastern Novo Sarajevo in Republika Srpska and is approximately 2 kilometres away from Dobrinja. It is an Orthodox Church named after Saint “Vasilij Ostroški”. The delegation was allowed to enter the premises of the Church; however, the Church Tower was accessible only by a ladder and therefore not recommended for the visit owing to safety concerns. The Defence undertook to provide relevant photographs in due course from the tower for purposes of determining line of sight issues from the location. According to the Priest, the Church was built in 1991 and the tower was of the same height as it currently stands, however, there was no façade and the interior was not completed. Religious services began only in 1996 according to the Priest. According to the Prosecution, the tower was under scaffold in 1991.
6 The Parties agree that this site does not figure in the current operative Indictment; however, the Defence invited the Trial Chamber to observe the site. Case No.: IT-95-5/18-T 23 Site Visit 17-20 May 2011 – Registry Minutes
52241 Location 67: 15:30 to 15:37 Lukavica Barracks (including the Municipality N43.82365 E18.36395 Building) Lukavica Barracks (including the Municipality Building). The site is less than 500 metres away from the Orthodox Church and consists of a number of buildings which previously served as army barracks for the Sarajevo Romanija Corps (SRK). A short stop at the site allowed the delegation an opportunity to observe the site and to walk around the area. The delegation observed the building in which the Commander of the SRK had his Headquarters. According to the Prosecution, this was discussed during the testimony of witness KDZ088. Defence invited the Chamber to observe the marks under the window of the building. Location 68: 15:57 to 16:02 Hrasnica Intersection of Dr. Halid Bega N43.79683 E18.31216 Hrasnice Street and Generala Izeta Nanića Street Hrasnica – Intersection of Dr. Halid Bega Hrasnice Street and Generala Izeta Nanića Street. Hrasnica is a neighbourhood in the Sarajevo Municipality of Ilidža at the foot of Mountain Igman, and approximately 12 kilometres by road from Lukavica. This is the site of Shelling Incident G 10. It is located in front of an individual house at Generala Izeta Nanića Street No.1. A short stop at the site to allowed the delegation an opportunity to observe the site and to walk around the area. According to the Prosecution, the origin of fire was Ilidža, which was SRK held territory. The Defence invited the Trial Chamber to visit the corner of the road, approximately 20 metres away to the intersection of Dr. Halid Bega Hrasnice Street and Generala Izeta Nanića Street, and requested the Trial Chamber to pay close attention to the house just visited and the green building located opposite the intersection which is now a school and about which General Fraser gave evidence. The Defence then invited the Chamber to note the distance between the two buildings. Location 69: 16:06 to 16:08 Hrasnica Famos Factory N43.79111 E18.32944 Hrasnica – Famos Factory, Put Famosa 38. According to the Registry’s investigator accompanying the delegation, the Famos Factory was established in 1950 and it was specialized for the production of engines, especially diesel engines for trucks, busses, ships and heavy machinery. A short stop at the site to allowed the delegation an opportunity to observe the site and to walk around the area. Location 70: 16:10 to 16:15 Hrasnica View of Mount Igman N43.79720 E18.31861 Hrasnica – View of Mt. Igman. Igman is located towards the Southwest of Sarajevo, bordering the Bjelašnica Mountain and the Municipality of Ilidža. The delegation had an opportunity to observe Mount Igman from Hrasnica along the Put Famosa Street, approximately 500 metres in the direction towards Ilidža while driving from the Famos Factory. The Igman road referrred to in the evidence was not visible from the location at which the delegation stood. The Defence referred to and pointed towards the “Hrasnički Stan” which is relevant to its case.
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Site Visit Day 4 – 20 May 2011 Location 71: 10:16 to 10:26 Vogošča Balino Brdo (elevation 608) N43.89387 E18.36831 Balino Brdo (Hill) Elevation 608. This site is located in the Municipality of Vogošća at the summit of a local hill named Balino Brdo or Padno Brdo. It is situated in the outskirts of Vogošća overlooking the TAS factory (the biggest VW co operant in ex Yugoslavia) and close to the road which leads from Vogošća towards Sarajevo City Centre. A short stop at the summit of the hill allowed the delegation an opportunity to observe the site and to walk around the area. The Trial Chamber also observed the following locations which according to the Defence are strategically important – Hotonj, Hum Hill, Sarajevo City, @uč Hill, Mount Trebevi}, Peak of Kobilja Glava. Location 72:
10:54 to 11:28 Butmir Tunnel in Butmir N43.81977 E18.33720 Tunnel in Butmir, Tuneli 1. This Tunnel linked the Sarajevo neighbourhoods of Dobrinja and Butmir. Mr. Edis Kolar the owner of the erstwhile house, now the Tunnel Museum, explained the circumstances leading up to the digging of the tunnel and its use at that point in time. He also explained that the tunnel was 1.5 metres (4.9 feet) in height and about 1 metre in width, and ran for approximately 800 metres in length. According to Mr. Kolar most of the tunnel has caved in because the wooden structures were not maintained after the war. During the time it was used, according to Mr. Kolar an estimated 20 million tons of food entered the city, and 1 million people passed in and out of it. The delegation entered the premises of the Tunnel Museum for a tour.
Case No.: IT-95-5/18-T 25 Site Visit 17-20 May 2011 – Registry Minutes