Eye Witness Survivor Testifies About Executions in Bosnia

Day 193

Eye Witness Survivor Testifies About Executions in Bosnia

Day 193

Witness B-1455 was one of the 91 men and 150 women and children taken by Serb forces from his village to the Dom Kultura in Drinjaca, Bosnia-Herzegovina on May 30, 1992. He was one of three men to survive. His father and three brothers were murdered after a day of beatings, during a night of executions. Though shot twice, he managed to escape. As a result of his wounds, B-1455 is permanently disabled, unable to find more than menial work for low pay. With psychological treatment, the nightmares he experienced for many years have subsided. He told the Court he was lucky to be alive, to have his mother, wife and children with him.

Though his testimony was abbreviated under the 92bis procedure which allows cumulative evidence to be given in writing, witness B-1455 told his harrowing story in some detail. After Serb forces rounded up the villagers and took them to the Dom Kultura, a lieutenant addressed them. He said he knew they hadn't done anything wrong, as he had been told by their Serb neighbors that they had lived peacefully together and had good neighborly relations. He assured them they would not be harmed. It was merely necessary to exchange them (and their property) for Serbs living in Zenica. It would be better for both people. The lieutenant then ordered the women and children to leave in the direction of Tuzla. The men, he said, would be questioned about military matters, then released as well.

Within 15 to 20 minutes six men entered the Dom Kultura. They wore camouflage, black hats and gloves with the fingers cut off. They looked like Arkan's men, though the witness couldn't say for certain. Rather than question the prisoners, they ordered them to sing Chetnik songs, then took them in groups onto the stage where they beat them with metal and wooden sticks and a police truncheon. It continued until late in the evening.

Shortly after this group left, another arrived. Throughout all of this, a reserve force of the Yugoslav People's Army (JNA) unit was present, together with local Serbs. The second group were dressed in WWII Chetnik uniforms and seemed rather 'tipsy.' They were also belligerent, calling the prisoners derogatory names. One of them said they needed ten volunteers. When no one responded, ten men were selected and taken outside. Within 5 or 10 minutes, shots were heard and the Chetniks returned for ten more. The process was repeated four times before someone selected B-1455 by hitting him on the back with a gun. When he stood up, he saw his father and neighbors waiting at the door -- for their execution. He also saw that the room of 91 men was half empty.

They were taken to the same spot where the others had been executed. Though one of the prisoners shouted that they should make a run for it, B-1455 was shot in the side and fell before he could respond. He lay there as the shooting continued and bodies fell around him. One of the shooters kicked him and said he looked alive. 'What are you waiting for?' another responded and he was shot again, in the back of the shoulder. Fighting to remain conscious, he waited for the killers to return to the Dom, then dragged himself into the woods. On the way, he passed a schoolyard with more bodies lying about. One man remained alive and called out for help. There was nothing B-1455 could do, except attempt to save himself.

From his position in the woods, he heard the executions continue. About twenty minutes after they ended, a truck pulled up to the killing site. He heard the driver get out and yell, 'People, what have you done? What is all this? What have you done?' It was repeated several times, the witness said, until they quieted him.

The witness eventually made his way to safety. In 1998, he identified the remains of his father and three brothers from a mass grave of 98 bodies exhumed in Glumina, in the same municipality as the killings, i.e. Zvornik.

It's not easy to cross examine an eye witness who has suffered so much. Milosevic acknowledged that when he began, 'I will do my best not to ask you questions which might upset you in view of the fact you have lost members of your family.' His initial line of cross examination was to establish that these horrible crimes had not been committed by the JNA. 'That this went on in Bosnia Herzegovina is a tragedy for all ethnic groups,' Milosevic commented. While the witness agreed, he also insisted that a reserve unit of the JNA, wearing JNA uniforms, was present.

Milosevic then turned to other subjects: who started the war, nationalist tensions and the 1990 elections, Izetbegovic's alleged desire to create an Islamic state. Judge May intervened to admonish the Accused that such questions had nothing to do with the witness's evidence. When Milosevic continued arguing, the Judge informed him that the Court is not helped by general questions about politics. 'Much time has been wasted on political matters,' Judge May stated. Milosevic was defiant, reminding the Court that his cross examination has nothing to do with them or their process: 'I will ask the questions I feel I need to. It doesn't matter if it assists you. I need to get to the truth.' Judge May shot back, 'If it doesn't assist us, you can't ask it.' Milosevic protested that he was unable to question witnesses from another state to testify to matters about which he can't know, except through his assistants.

Milosevic's parting shot exposes his confusion about how to approach this witness (and others like him). B-1455 speaks clearly and articulately. He appears strong. He is a survivor of terrible crimes. He has lost people he loved. One approach would be to challenge his version of events; considering that he was traumatized perhaps he didn't remember so well. But the witness's descriptions on direct examination show that is unlikely to be successful. Milosevic started with his best approach (the killers were not regular soldiers) and was unsuccessful. At this point, he might be advised to thank the witness and end cross examination. The Accused can admit a significant amount of the crime base and still maintain his defense that it has nothing to do with him. That could save a tremendous amount of time, but that has not been a concern of his in the past.

Cross examination of B-1455 continues on Monday.
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