Documents Series Podujevo 1999 – Beyond Reasonable Doubt Humanitarian Law Series 2 3 TABLE OF CONTENTS: 1. Nataša Kandić: Introduction 5 2. The Organized Crime Department Document 6 3. Record from Interrogation of Saša Cvjetan Before Investigative Judge 9 4. Record from Interrogation of Demirović Dejan Before Investigative Judge. 15 5. Ruling on Cancellation of Investigation and Abolishment of Detention Against Cvjetan and Demirović 22 6. District Public Prosecutor’s Appeal on Ruling to Cancel Interrogation and Abolish Detention 25 7. Serbian Supreme Court’s Ruling on Dismissal of Prokuplje District Court’s Decision 30 8. Investigation in the Prokuplje District Court 37 i) Examination of Witness Dragan Marković 37 ii) Examination of Witness Spasoje Vulević 41 iii) Examination of Witness Zoran Simović 46 iv) District Public Prosecutor’s Indictment 49 9. Proceedings Before Prokuplje District Court 55 i) Saša Cvjetan’s Defence 57 ii) Slobodan Medić’s Testimony 77 10. The HLC Letter Addressed to the Prokuplje Acting District Prosecutor 84 11. The HLC Letter Addressed to the President of the Serbian Supreme Court 86 12. Nataša Kandić: In the Name of the Victims 88 13. Serbian Supreme Court’s Ruling 99 14. Belgrade District Court’s Ruling 101 15. Proceedings Before Belgrade District Court 103 i) Testimony of Miloš Oparnica and Duško Klikovac 103 ii) Identification Record 113 iii) Selatin Bogujevci’s Testimony 123 iv) Testimonies of Saranda Bogujevci and Safet Bogujevci 138 v) Testimonies of Dragan Medić and Slobodan Medić. 154 2 3 vi) Testimonies of Enver Duriqi, Florim Gjata, and Goran Stoparić 161 vi) Testimonies of Rexhep Kastrati and Nazim Veseli 184 16. Nataša Kandić: How to Protect Witnesses? 199 17. Belgrade District Court’s Verdict 204 18. Serbian Supreme Court’s Ruling on Dismissal of the First Instance Decision 209 19. Dragoljub Todorović: Supreme Court’s Vague Decision 218 20. Dragoljub Todorović: Decision Founded on False Premises 222 21. Retrial Before Belgrade District Court 228 i) Mijat Bajović’s Testimony 228 ii) Testimonies of Aleksandar orević and Radica Marinković 242 22. District Court’s Verdict 257 23. Supreme Court’s Verdict 338 24. Dragoljub Todorović: Chronology of Trial of Saša Cvjetan for Crime Committed in Podujevo 352 25. Index of Names 360 4 5 INTRODUCTION The book in front of you portrays the court truth about the responsibility of Saša Cvjetan, charged with the war crime against civilian population com- mitted on 28 March 1999 in Podujevo, Kosovo. The documents, chronologi- cally sorted, show how a trial, initiated on a factually incomplete and selec- tive indictment, grew into a serious process against denial, lies, and impu- nity. The great merit in this process belongs to Judge Biljana Sinanović who was led in this proces exclusively by the law, as well as to the surviving chil- dren, whose words in the courtroom we listened to with the feeling of shame not being able to look them in the eye. Evidence adduced in the proceedings, which are presented in this book, un- ambiguously show Saša Cvjetan’s individual responsibility, but also the fact that he is not the exclusive perpetrator of this act. Thanks to the witness-in- sider, other “Scorpions” members, who participated in the commission of this crime, were listed in the court documents presented in this book and nobody can help them avoid the criminal liability. Before this book, the Humanitarian Law Center (HLC) published a book called Štrpci, which presents the court truth pertaining to the kidnapping of 19 pas- sangers on the Belgrade-Bar train that took place on 27 February 1993. The HLC is dedicating the book Podujevo 1999, the second in a row of Docu- menta editions, to the surviving children Saranda, Fatos, Jehona, Lirrie, and Genc, who put me to shame becasue of their courage, honesty, and kind- ness, and to the victims blown apart by the bullets of the Serbian Ministry of Interior reserve unit called “The Scorpions”: Shefkate, Nora, Sala, Shpend, Shpetim, and Shehide Bogujevci, Fexhrie Blakqory Llugaliu and Nefise Bogu- jevci Llugaliu, Hamdi, Esma, Fitnete, Dafina, Arbër, Mimoza, Albion Duriqi, and other victims of the Serbian Police expulsion operation, which took place on 28 March 1999 in Podujevo. This book was published with the financial support and the understanding of the OSCE Mission to Serbia and Montenegro that the court truth should be available to the broad public. Nataša Kandić 4 5 Podujevo 1999 – Beyond Reasonable Doubt The Republic of Serbia THE MINISTRY OF INTERIOR The Organised Crime Department “O” str. pov. br.: 230-778/01 11 March 2002 Belgrade DISTRICT COURT - Investigative Department- PROKUPLJE SUBJECT: Requested Report With official documents LINK: Yours Ki no. 33/01 17 July 2001 The Department for Organised Crime acted upon your request to collect the necessary information in order to conduct a successful investigation against defendants Saša Cvjetan and Dejan Demirović in connection with a war crime against the civilian population pursuant to Article 142 Paragraph 1 of the Federal Republic of Yugoslavia Criminal Code (FRY CC), as well as other offences. It found the following: • Defendants Saša Cvjetan and Dejan Demirović were members of the Scorpions unit in March 1999. • The Scorpions unit was established as a volunteer unit and it was comprised of 128 members. • The Commander of the Scorpions unit was Slobodan Medić, aka “Boca”, and Zoran Manojlović aka. “Srle” was his deputy. The following persons were among the Scorpions - Zoran Vukšić aka “Žuća”, - Željko ukić aka “Brka”, - Dragan Medić aka “Guljo”. 6 7 Podujevo 1999 – Beyond Reasonable Doubt Upon a request of the then Republic of Serbia Ministry of Interior (MUP) Public Security Department Chief, Lieutenant General Vlastimir orević, the Scorpions unit was transferred to the reserve MUP Special Counterter- rorism Units (SAJ) on 25 March 1999 and sent to Prolom Banja for further deployment. At around 18:00 on 27 March 1999, Zoran Simović, the then Belgrade SAJ Commander, went to Prolom Banja to take charge of the Scorpions unit. On 28 March 1999, around 04:00, according to the agreement made with Slobodan Medić, Simović took authority over the Scorpions unit. Upon arriving to Podujevo, Simović and Medić went to the facilities where SAJ was stationed where they found the then Priština SAJ Commander, Radislav Stalević. Medić stayed in the facility where SAJ was stationed, while Simović and Stalević went to the Podujevo Department of Interior to make arrange- ments regarding the further deployment and position of the SAJ reserve unit - the “Scorpions”. While they were in the Podujevo Department of Interior building, Simović and Stalević heard several long bursts of gunfire coming from the direction where the unit was supposed to be located. When Simović arrived at the scene, he was informed that several reserve SAJ members, the Scorpions members, had shot at women and children who were residents of Podu- jevo. Spasoje Vulević aka “Vuk” was the first active duty SAJ officer to arrive at the scene. At the time, he was the commander of the SAJ Support Platoon. At present he is the MUP SAJ Deputy Commander. A SAJ doctor, Dragan Marković, provided first aid treatment for the wounded people, after which they were transferred to the hospital in Priština by a military ambulance owned by the Yugoslav Army. After this event, Simović ordered Medić to take all reserves under his effec- tive command from Podujevo back to Prolom Banja, which Medić did. ENCLOSURE: – List of all Scorpions members, 6 7 Humanitarian Law Center – Zoran Simović’s statement, – Radoslav Stalević’s statement, – Sran Manojlović’s statement. CHIEF OF THE DEPARTMENT Major General Radovan Knežević 8 9 Humanitarian Law Center KI 20/99 Ki. No.________ INTERROGATION RECORD Composed on 24 May 1999 before the Prokuplje investigative judge in the criminal proceedings against SAŠA CVJETAN et al., based on the reasonable doubt that he committed the criminal offence pursuant to Article 47 Para- graph 2 Item 6 of the RS CC and other legal provisions. PERSONS PRESENT: Public Prosecutor Investigative Judge, Mijat Bajović Defendant Saša Cvjetan Court Reporter Defence Counsellor, Radica Marinković Dragutin Stanković The following persons attend the interrogation of the defendant: Public prosecutor Defence counsellor Injured working unit representative Began at ........ hours. Pursuant to Article 218 of the Criminal Procedure Code (CPC), the defend- ant is providing the following personal details: Full name SAŠA CVJETAN Nickname “Kobra” Parents’ names Milan and Milka Mother’s maiden name Atlagić 8 9 Humanitarian Law Center Place of birth Zadar, The Republic of Croatia Place of residence Novi Sad, 6 Ninth May Street Date of birth 20 December 1975 Nationality and citizenship Serb, FRY Profession Machinist Family status Married without children Literacy Literate Education Machinist School, Military High School in Banja Luka, Vrbas Education Centre, Intelligence- scout sabotage training in Pančevo Military Service If any, then where and when, i.e. does he have a reserve junior officer, officer, or military clerk’s rank? served Is he listed in the Military Register? If yes, then where? Pančevo Has he been awarded? The Republic of Srpska Krajina award Material Status Lives on a family household Has he ever been convicted and why? No Has he ever served any sentence? No Are there any criminal proceedings against him in progress? No Legal representative, if juvenile The defendant was advised pursuant to Article 67 Paragraph 2 of the CPC to hire a defence lawyer, who can be present during the interrogation of the defendant. The defendant was informed of the requests submitted by the Public Pros- ecutor__________ the Prosecutor’s Office______________ Kt. No.______ from _________ for initiating the investigation for the criminal offence pur- suant to Article_____, as well as of the reasonable doubt existing against him.