(Open Session) Page 1623

1 Day 15 Friday, 20th March 1998

2 (8.30 am)

3 (Open session)

4 JUDGE CASSESE: Would the Registrar call out

5 the case number.

6 THE REGISTRAR: IT-95-13a-T, Prosecutor v

7 Slavko Dokmanovic.

8 JUDGE CASSESE: Appearances.

9 MR. NIEMANN: My name is Niemann and I appear

10 with Mr. Williamson, Mr. Waespi and Ms. Sutherland for

11 the Prosecution.

12 MR. FILA: My name is Fila and I appear for

13 the Defence of Mr. Dokmanovic with Ms. Lopicic and

14 Mr. Petrovic.

15 JUDGE CASSESE: Mr. Dokmanovic, can you hear

16 me? Thank you.

17 As you see, we have kept our promise to hold

18 a hearing today. We were excused by our President from

19 attending our plenary session so we can work here the

20 whole day. However, we have to take account of some

21 other constraints, namely, the fact that another Trial

22 Chamber also will hold a hearing, so we agreed with the

23 Presiding Judge of Trial Chamber 1, Judge Jorda, that

24 we should stop at 1 o'clock and if we need to continue,

25 we can only resume at 4 o'clock pm so that Trial

Friday, 20 March 1998 Case No. IT-95-13a-T

Witness: Stjepan Mesic (Open Session) Page 1624

1 Chamber 1 can hold its hearings at 2.30, from 2.30 to

2 4. I hope this is convenient to you.

3 Before we call the witness, I would like to

4 ask Mr. Fila whether he could specify a point which I

5 forgot to raise with him, namely, whether sooner or

6 later, he is in a position to tell us how Defence

7 witnesses need to be heard by means of

8 video-conference.

9 MR. FILA: Your Honour, I will provide you

10 with an answer in writing, but before that, I need an

11 answer from Mr. Niemann, whether he has accepted this.

12 One of these witnesses to be heard via video link will

13 appear. If it is shown that Mr. Dokmanovic was not at

14 all at Ovcara, he will not need to appear at all.

15 JUDGE CASSESE: In due time, we will be told

16 so that we -- I think, we hear the technicians can make

17 the necessary preparation, and also I think we need to

18 issue an Order for this purpose so therefore we should

19 know in advance.

20 I think we are now in a position to hear the

21 witness. The Prosecutor may call the witness.

22 MR. WILLIAMSON: Your Honour, the Prosecutor

23 would call Stjepan Mesic.

24 (The witness entered court).

25 JUDGE CASSESE: Good morning Mr. Mesic. I


1 would like to ask you to make the solemn declaration.

2 THE WITNESS: I solemnly declare that I will

3 speak the truth, the whole truth and nothing but the

4 truth.

5 JUDGE CASSESE: Thank you. You may be

6 seated.

7 STJEPAN MESIC

8 Examined by MR. WILLIAMSON

9 Q. Mr. Mesic, what is your nationality?

10 A. Croatian.

11 Q. And where are you from originally in Croatia?

12 A. I was born at Orahovica in Slavonia.

13 Q. In 1965, did you run for political office in

14 Orahovica?

15 A. Yes, in 1965 I ran in the elections on the

16 citizen's ticket and I was elected to the Croatian

17 Assembly.

18 Q. At the same time, did you seek another

19 position or were you elected to another position as

20 well?

21 A. Yes, after that, I was elected an alderman at

22 the Municipal Assembly and I was also elected President

23 of the Municipal Assembly of Orahovica.

24 Q. You indicated that you ran on a ticket other

25 than that of the Communist Party; is that correct?


1 A. Yes, that is the citizen's ticket. Actually

2 there was the legal possibility then, in addition to

3 the list of candidates which was proposed by the

4 Socialist Alliance and/or the League of Communists, it

5 was also possible for a group of citizens of 100 people

6 to have a candidate run on their behalf and that list,

7 that ticket would become official. Prior to me, nobody

8 did that. I was the first and the last one actually

9 who availed himself of that legal opportunity.

10 Q. In the late 1960s, did you become involved in

11 a movement which was known as the Croatian Spring?

12 A. That is correct. The movement called the

13 Croatian Spring was a multi-layered movement. It

14 consisted of a part of a League of Communists, the

15 progressive section of the League of Communists of

16 Croatia, the students' movement, the youth movement,

17 the movement comprising university professors and the

18 Martitska Hravadska, which is the cultural society of

19 Croatia, a cultural organisation.

20 Q. What were the participants in the Croatian

21 Spring movement advocating?

22 A. At that time, the only thing one could have

23 advocated and the thing we did advocate was the greater

24 democratisation in the society, clean accounts in the

25 state, which meant that we were supposed to ascertain


1 in Yugoslavia what was paying for what and who was

2 paying that, why was that being paid for. We advocated

3 the resolution of the foreign exchange system. We

4 advocated the democratisation of society. We wanted it

5 to be possible for people to function normally, to

6 travel normally. At that time, the possibility was

7 still constrained of travelling abroad.

8 Q. What was the reaction of Tito to the Croatian

9 Spring movement?

10 A. Initially, Tito supported us. He came to

11 Zagreb. He even encouraged the Croatian Spring

12 movement, but when the generals had deciphered Croatian

13 Spring as a nationalistic movement, then characterised

14 it as such, Tito accepted what was demanded of him from

15 the army and he asked that all those who had

16 participated in that movement be removed from politics,

17 and also that they be ousted from their professional

18 posts so that at the meeting in Kragujevac and the 21st

19 session of the League of Communists of Yugoslavia

20 started, I can freely say, the persecution of the

21 participants in the Croatian Spring, which included

22 myself and another 10,000 people and the 10,000 people

23 or even more ended in prison.

24 Q. Were you removed from your positions as

25 President of the Municipality and from your seat in the


1 Sabor?

2 A. Yes, I and everybody else were removed from

3 our positions and I was practically left in the street

4 and could not find employment for two years. Although

5 I had been admitted to the bar, I could not practise my

6 profession as an attorney. I could not hold any public

7 office for that matter, so that until the time when I

8 was to serve my prison sentence, I actually did not

9 work. I only found short term ad hoc employment until

10 they found out who I was and then I would be let off,

11 so it lasted. I was sentenced to two years and two

12 months and I spent my prison sentence in Stara Gradiska

13 prison.

14 Q. Upon your release, were you able to find

15 employment at that time?

16 A. No, I was not able to find employment. But

17 it so happened that an engineer, Zarko Vincek was his

18 name, he was heading a consulting firm and he had been

19 in the ranks of the partisans, together with my

20 father. He of course did not consider himself no more

21 than I did a nationalist, so that he gave me a job, so

22 in fact after he left, I got to be the manager of the

23 firm.

24 Q. As a result of the Croatian Spring movement,

25 were some changes made by Tito in the structure of the


1 Yugoslav government?

2 A. Yes, they were. I believe that Tito's latest

3 options were greatly influenced, in fact, by the ideas

4 of the Croatian Spring movement, but also by the ideas

5 of liberalism in Serbia, which is why he indeed

6 proceeded to amend the constitution and have a new one

7 adopted in 1974, which introduced into the Yugoslav

8 mechanism a confederal model. He intended thereby to

9 create such a system of decision-making in Yugoslavia

10 where there would be a -- at the top a Presidency which

11 would bring all the most important decisions by

12 consensus, and the Members of the Presidency would

13 rotate to hold the presidential and vice-presidential

14 functions following an automatic mechanism, and he

15 thought that after his demise and the disappearance of

16 his charisma, Yugoslavia would be able to function too.

17 Q. How many members were there in the Presidency

18 as set out in the new constitution of 1974?

19 A. According to the new constitution, there were

20 eight members of the Presidency, two representing the

21 provinces, the others representing the republics, with

22 practically that constitution making the provinces --

23 conferring upon the provinces of Vojvodina and Kosovo

24 the status of a state which was not acceptable to the

25 Serbian leadership, so that immediately after the


1 adoption of the 1974 constitution, they raised

2 objections, vociferous objections, to that particular

3 constitutional arrangement. I mean, coming from

4 Serbia.

5 Q. After Tito's death in 1981, did the system

6 function in the way that he had envisaged?

7 A. Yes, for a time the system did function by

8 virtue of its very inertia. However, more and more

9 conflicts came to the fore and were experienced because

10 of different clashing interests in the different levels

11 of development of the different republics. Some were

12 dissatisfied because they were just the raw materials,

13 the resource base and their raw materials were sold at

14 markets at lower prices than was the case at the world

15 markets. The other parts, the more developed parts

16 were not content because they had to pay for the less

17 developed parts, various contributions, which then

18 exhausted their own economies, of those republics, and,

19 secondly, the problem which was there obviously was

20 that this top-heavy mechanism of the army exhausted the

21 country, it swallowed up very extensive resources and

22 that also led to conflicts among the republics and

23 conflicts of interests among them.

24 Q. When did Slobodan Milosevic come to power in

25 Serbia?


1 A. Slobodan Milosevic assumed the power -- I

2 cannot recall the exact year, but some two or three

3 years prior to these democratic changes. He was

4 consolidated practically in his seat of power by the

5 so-called rallying of the people. The conflicts in

6 Kosovo actually threw him out on the surface, because

7 practically what he intended to do was to destroy the

8 autonomy of Kosovo, of the province which actually

9 later events demonstrated. After everything which had

10 transpired in Kosovo and Vojvodina, one could see the

11 true face of Slobodan Milosevic and his actual

12 intention which was that Serbia had to be whole and

13 could not consist of three parts and this is an idea

14 which he systematically pursued.

15 Q. What was the anti-bureaucratic revolution

16 which occurred under Milosevic?

17 A. It is hard for me to assist on that from the

18 angle of Croatia, but I believe that it was a farce, a

19 travesty. It was just a power struggle and they were

20 supposed to oust the old echelons, the Tito-oriented

21 old structuring and the pro Yugoslav echelons. New

22 structures were to be installed instead to accept

23 Milosevic's totalitarian authority and power and this

24 is what he indeed implemented.

25 Q. What was the Yoghurt Revolution?


1 A. The Yoghurt Revolution is the name given to

2 that phase of the anti-bureaucratic revolution which

3 was waged in Vojvodina that -- because in Vojvodina

4 that the leadership that was in power was in favour of

5 autonomy and it consisted of people who were not

6 burdened by any sort of nationalism and who bothered

7 Milosevic so that he brought loyal people, people loyal

8 to him, but mainly people who were not natives of

9 Vojvodina that --

10 Q. Was Milosevic also able to affect a change in

11 the leadership in Montenegro?

12 A. Yes, he was, because the Montenegrin

13 authorities, the leadership was also pro Yugoslav in

14 their orientation and when I analysed Milosevic, he was

15 really never interested in any Yugoslavia, be it

16 federal or confederal. The only thing that he was

17 interested in was a Greater Serbia and that was his

18 basic objective. Namely, the first demands raised by

19 the so-called anti-bureaucratic revolution were that

20 Yugoslavia had to be reconstructed, that Serbia had

21 only received damage within Yugoslavia and clearly that

22 the autonomies had to disappear and that only later --

23 and only later, when he implemented all of this, when

24 he had implemented all of this, he -- because of the

25 Croatian factors, was ostensibly advocating the


1 country's -- Serbia's remaining in the whole