International Committee to Defend Slobodan Milosevic
www.icdsm.org

=================================
Slobodan Milosevic's Cross-Examination of
Croatian President Stjepan Mesic: PART III
Because the transcript of the cross-examination is 150 pages long we
have broken it into 12 easy to read segments. If you wish to read the
whole thing at once go to: http://www.icdsm.org/more/mesic.htm
=================================

Page 10636

1 Q. You arrived on the 5th of December in the Croatian parliament.

2 You thanked them for their confidence. This was on the 5th of
December,

3 1991. And you made a notorious statement to the effect that you
thought I

4 have performed my task. Yugoslavia is no more. Is this so, Mr. Mesic?

5 We saw it on the video we played here a few days ago, and all of

6 Yugoslavia knows about this. You said: I think I have performed my
task.

7 Yugoslavia is no more.

8 A. An excellent question. I will explain what this was about. The

9 Croatian parliament elected me to be the Croatian member of the
Presidency

10 of Yugoslavia. I went to Belgrade, where first, for several months, I
was

11 not allowed to take up my duties because the Federal Assembly was
unable

12 to meet. After that, the Serbian bloc boycotted my election as
president

13 under --

14 JUDGE MAY: Mr. Milosevic, let him finish. You've asked him a

15 question. Let him give his explanation.

16 A. Finally, under pressure from the international community, I was

17 elected president. Croatia adopted a decision on its independence.

18 Croatia, in agreement with the international community, postponed its

19 secession from Yugoslavia by three months. This time period had
elapsed.

20 Yugoslavia no longer existed. The federal institutions were no longer

21 functioning. I returned to Zagreb, and that's precisely what I said.

22 Because I did not go to Belgrade to open up a house-painting
business. I

23 went there as a member of the Presidency of Yugoslavia. Since
Yugoslavia

24 no longer existed and the Presidency no longer existed, I had
performed

25 the tasks entrusted to me by the Croatian parliament and was
reporting

Page 10637

1 back, ready to take up a different office. What was I to do in
Belgrade

2 when the Presidency no longer existed?

3 Q. Very well, Mr. Mesic. This is truly worthy of admiration, your

4 explanation of what you said, but you haven't told me whether you
actually

5 said: I have performed my task. Yugoslavia is no more.

6 A. The accused is a lawyer. He understands very well what I'm

7 talking about. My task was to represent Croatia in the Federal

8 Presidency.

9 Q. There is no need for you to repeat this. You said this in the

10 Croatian or Serbian language, or whatever you want to call it, and

11 everybody understood it. Your explanation now is obviously an attempt
to

12 make this statement relative, but this is no longer important.

13 [Trial Chamber confers]

14 MR. MILOSEVIC: [Interpretation]

15 Q. In your public statements, or rather, in Tudjman's public

16 statements on Ban Jelacic Square on the 24th of May, 1992, said
"There

17 would have been no war had not Croatia wanted it. But we thought that
it

18 was only by war that we could win the independence of Croatia. That's
why

19 we had a policy of negotiations behind which we were setting up
military

20 units. Had this not been so, we would not have reached our goal." Is

21 this correct, Mr. Mesic?

22 A. I think that this could have been reported only by the Serbian

23 press, because it simply does not correspond to the truth. We know
who

24 was in control of the press in Serbia. It was the accused, Slobodan

25 Milosevic.

Page 10638

1

2

3

4

5

6

7

8

9

10

11

12 Blank page inserted to ensure pagination corresponds between the
French and

13 English transcripts.

14

15

16

17

18

19

20

21

22

23

24

25

Page 10639

1 Q. Unfortunately, a few days ago we watched a video of this, and we

2 saw this speech on Ban Jelacic square, taped on video. Tell me,
please:

3 Do you know that when the Federal Republic of Yugoslavia was founded
and

4 the new constituted was promulgated on the 27th of April, 1992, a

5 declaration was adopted on the goals of the new common state, that is,
the

6 Federal Republic of Yugoslavia, according to which, and I quote
verbatim:

7 "Yugoslavia has no territorial pretensions towards any of the former

8 Yugoslav republics." Are you aware of this?

9 A. I don't know what the declaration on the establishing of the

10 Federal Republic of Yugoslavia says, but I do know everything that
was

11 done to cut off parts of Croatia and Bosnia and Herzegovina and annex
them

12 to Serbia.

13 Q. Mr. Mesic, you're telling us fairy tales about Karlovac, Karlobag

14 Virovitica boundary. When did you ever hear any official of the
Republic

15 of Serbia referring to this border, and when did any body or organ of
the

16 Republic of Serbia or anyone in Yugoslavia raise this issue and talk
about

17 such a boundary? This is a pure fabrication that you are launching
here.

18 Where did you get this idea?

19 A. It's quite understandable that those who perpetrated aggression

20 did not make such statements, but the Serbian minister, who was in
the

21 government, one of the ministers of Mr. Milosevic, visited this
boundary

22 with Vojislav Seselj, the Chetnik Vojvoda or leader, to show how far
the

23 interests of Serbia reached.

24 Q. What minister are you referring to? And if a minister visits a

25 spot, if he goes to a certain municipality, does he go to a boundary
or

Page 10640

1 does he mark a boundary? Was he marking a boundary there?

2 A. You understand very well that if someone visits Croatia,

3 especially an official, he should visit the official organs of the

4 Republic of Croatia.

5 Q. What municipal organs are you referring to if someone is visiting

6 a municipality? I didn't know you were a police state of that kind,
that

7 someone visiting a municipality in Croatia would have to report to the

8 police.

9 A. I was not paid to teach the accused Croatian laws. I was paid to

10 implement them.

11 Q. Mr. Mesic, you are a university graduate. Did you ever learn

12 about the rights of peoples to self-determination, and do you know
that

13 volumes and volumes of books have been written on this topic? Do you
know

14 about this?

15 A. I think this question is pointless. Of course I do. Of course I

16 know about the right to self-determination. This is going too far.

17 Q. Well, then answer me, please: Where did you get the idea that, as

18 you said, the Serbs in Croatia do not have a right to
self-determination?

19 Where did you get the idea, as you said on page 2 of your statement,
that

20 according to the constitution of 1974, Yugoslavia was a confederal
state?

21 You know yourself that this is untrue. Show me a single
constitutional

22 provision to this effect. Is this correct or not, Mr. Mesic?

23 A. The Presidency of Yugoslavia was established as a confederal

24 institution because all decisions were made for the most part by

25 consensus, and the accused knows this very well. He also knows very
well

Page 10641

1 that according to the constitution of 1974, the republics were called

2 states, and he also knows that, by virtue of their association into

3 Yugoslavia, they also had the right to disassociate themselves from

4 Yugoslavia. When a threat arose that Croatia and Slovenia might suffer

5 the same fate as Kosovo, Vojvodina, and Montenegro, Croatia made use
of

6 its right to disassociate itself, and the Badinter Commission
confirmed

7 this. Of course the Serbs have a right to their own state. That state
is

8 the Republic of Serbia. But it is well known that national minorities

9 cannot ask to secede from the Republic of Croatia. They could ask for

10 that but they could not realise it, because the Republic of Croatia
was

11 recognised in the borders established by Avnoj and the accused knows
this

12 very well.

13 Q. Do you know that according to the Yugoslav constitution, it was

14 the peoples and not the republics that had sovereignty? Do you
remember

15 that even the coat of arms of Yugoslavia had five torches,
represented

16 five peoples: The Serbs, the Croats, the Slovenes, the Macedonians
and the

17 Montenegrins, and then later on a sixth torch was added when the
Muslims

18 were declared a constituent people? Are you aware of this, Mr. Mesic?

19 A. The constituent elements of the Federation were the republics,

20 plus two autonomous provinces: Vojvodina, and Kosovo. Those were the

21 constituent elements of the Federation. Symbolism is one thing, but

22 constitutional provisions are quite another.

23 Q. You assert that in the constitutions of Yugoslavia and the

24 republics, it was not the sovereignty of peoples that was the
starting

25 point but the territory of the republics established in 1945; is that
what

Page 10642

1 you're claiming? I just want to be clear so as not to waste time.

2 A. I have said what I had to say about the constituent elements of

3 the Federation. Croatia had the right to self-determination, and the

4 Serbs in Croatia had the right to protection, to protection of their

5 collective rights and of their status as citizens of the Republic of

6 Croatia.

7 Q. Very well. Let us proceed, then. Let us proceed at a faster

8 pace, so please answer me yes or no: Is it correct that all the

9 constitutions of Croatia, until the amendments introduced by you in
1990,

10 had a provision about the Serbs as a constituent people, not a ethnic

11 minority, as you have just said? For example, the constitution of
1945,

12 1963, 1974, the constitutional amendments of July 1990. So these

13 amendments of July 1990 for the first time left out the Serbs as a

14 constituent element of the Republic of Croatia. I'm referring now to
the

15 constitution of the Republic of Croatia. Did all the constitutions

16 contain a provision about the Serbian people as a constituent people
in

17 Croatia; yes or no?

18 A. One cannot reply to this question with yes or no. The

19 constitutions were enacted in different periods of time, in different

20 situations, and in different international environments. The

21 constitution, therefore, had different provisions at different points
in

22 time. For example, the Yugoslav and the Croatian constitutions had a

23 provision which other constitutions, for example, do not contain,
that

24 there are two kinds of groups: Narodi and Narodnosti, two kinds of

25 peoples, plus ethnic groups. The constitution was further developed
up

Page 10643

1 until 1990.

2 Q. So the fact that the Serbs were left out of the constitution was

3 a development.

4 Do you know that on the 14th of May, 1887, the Croatian parliament

5 enacted a provision on the use of the Cyrillic alphabet? Are you aware
of

6 this?

7 A. I was not aware of that particular piece of information, but I do

8 thank the accused for having given me this piece of information. That
is

9 truly meaningful for me.

10 Q. And do you know about the rest, that what the constitution -- what

11 the assembly of Croatia adopted in 1887 was abolished in 1990 by your

12 parliament? They abolished the Cyrillic alphabet as an official

13 alphabet. Do you know about that? You went 150 years backwards. Do
you

14 know that?

15 A. Yet another piece of information, very important to me, as a

16 lawyer.

17 Q. All right, Mr. Mesic. Do you remember an entire series of laws,

18 not to mention taking over symbols, the symbols of the Nazi state of
the

19 independent state of Croatia, for example, the law on the Academy of

20 Sciences and Arts, the Croatian Academy of Sciences and Arts? In
article

21 1 it says that it is the legal successor of the academy from the
period

22 from 1941 to 1945. The budget for 1991 does not envisage a single
dinar

23 for the schools of Serbs in Croatia, but it does envisage money for

24 Italians, Czechs, Ruthenians, and other national minorities. The law
on

25 the government allows the government to take measures against
so-called

Page 10644

1 disobedient municipalities. The only executive government in Europe
that

2 has the right to dissolve municipalities. The law on education refers
to

3 the Croatian language only, and so on and so forth?

4 JUDGE MAY: One thing at a time. What is the question,

5 Mr. Milosevic?

6 MR. MILOSEVIC: [Interpretation]

7 Q. The question is -- the question is: Is it correct that not only

8 through this behaviour and also the combination of this ethnic
intolerance

9 towards the Serbs, but it is also through the adoption of many laws,
the

10 Croatian authorities instigated nationalism and chauvinism not only
in

11 Croatia but also a discriminatory, an insulting attitude towards
Serbs in

12 Croatia. Is that right or is that not right, Mr. Mesic?

13 A. Croatia adopted laws that gave equal rights to all its citizens

14 and protect national minorities, all vulnerable groups, actually.

15 National minorities are vulnerable groups, and that is why Croatia
favours

16 positive discrimination of all vulnerable groups.

17 Q. Very well. Then give me a comment with regard to these following

18 statements: There are many such laws, and of course they did have to

19 cause concern. For example, a meeting of the parliament on the 4th of

20 October, 1990, the 4th of October, 1990, your own assembly. Damir
Majovic

21 says: "Do not trust the Serbs even when they bring gifts." Stjepan

22 Sulimanac says: "Persons who moved in after 1918, who moved into
Croatia

23 after 1918, a law should be passed with regard to such persons and
there

24 should be protection from them." Then MP Ivan Milas says: "We are
going

25 to use a sword in respect of your rights. The day of a final showdown
is

Page 10645

1 getting near." Another MP says: "All Serbs should be isolated like
Iraq

2 isolated the Kurds. A ghetto should be established for the Serbs." And

3 Praljak, what's his name, one of the helmsmen of the HDZ said in April

4 1990: "Outside the boys are already singing we are going to slaughter
the

5 Serbs." And so on and so forth. Is that the right kind of atmosphere,

6 Mr. Mesic? Is that the atmosphere in which the Serbs were supposed to

7 view everything that was happening to them with confidence? And in the

8 meantime you dismissed practically all Serbs from the state

9 administration?

10 JUDGE MAY: One thing at a time. Now, you've read out a series --

11 you've read out a series of quotations which are said to have been
made in

12 the parliament.

13 Now, Mr. Mesic, you can deal with that. First of all, do you know

14 if these statements were made, or these sort of statements, and if
so, is

15 there anything that you can tell us about them?

16 THE WITNESS: [Interpretation] There were different statements that

17 will were impermissible, and it is certain that such statements
harmed

18 Croatia. As for Slobodan Praljak, I must say that he was never a
member

19 of the HDZ. When the HDZ was established, he was one of President

20 Tudjman's major critics. Now, why were such statements made? I say
today

21 as well that they did not work to Croatia's advantage but to its

22 disadvantage. There were rallies of Serbs in various places on the
4th of

23 February, 1990. On the 4th of March, 1990, there was a rally in
Petrova

24 Gora of people from Lika, Kordun, Banja Luka, Bosanska Krajina, and
also

25 Vojvodina in Serbia.

Page 10646

Blank page inserted to ensure pagination corresponds between the French
and English transcripts.

* Continued at: http://www.icdsm.org/more/mesic-4.htm



***** Urgent Message from Sloboda (Freedom) Association and the
International Committee to Defend Slobodan Milosevic!

The Freedom Association in Belgrade and the ICDSM, based outside
Yugoslavia, are the two organizations formed at the request of Slobodan
Milosevic to aid in his defense.

Up until now our main work has been threefold. We have publicized the
truth about The Hague's phony trial. We have organized research to
help President Milosevic expose NATO's lies. And we have initiated legal
action in the Dutch and European Courts.

Now our job has increased. The defense phase of the "trial" starts in
May 2003. No longer will Mr. Milosevic be limited to cross-examining
Hague witnesses. The prosecution will be forced further onto the
defensive as victims of NATO's aggression and experts from Yugoslavia
and
the NATO countries tell what really happened and expose media lies.
Moreover, Mr. Milosevic will call leaders, from East and West, some
friendly and some hostile to the truth.

The controlled mass media will undoubtedly try to suppress this
testimony as they have tried to suppress Mr. Milosevic's
cross-examinations.
Nevertheless this phase of the "trial" will be the biggest international
forum ever to expose NATO's use of racism, violence and lies to
attack Yugoslavia.

We urgently need the help of all people who care about what is happening
in The Hague. Right now, Nico Steijnen , the Dutch lawyer in the
ICDSM, is waging legal battles in the Dutch courts and before the
European Court, about which more news soon. These efforts urgently
require
financial support. We now maintain a small staff of Yugoslav lawyers in
Holland, assisting and advising Mr. Milosevic full-time. We need to
expand our Dutch facilities, perhaps bringing in a non-Yugoslav attorney
full-time. Definitely we must guarantee that we have an office and
office manager available at all times, to compile and process evidence
and for meetings with witnesses and lawyers and as a base for
organizing press conferences.

All this costs money. And for this, we rely on those who want Mr.
Milosevic to have the best possible support for attacking NATO's lies.

************
Here's how you can help...
************

* You may contribute by credit card. By the end of September we will
have an ICDSM secure server so you can contribute directly on the
Internet.

For now, you can contribute by credit card in two ways: *

You can Contribute by Credit Card over the Telephone by calling:

ICDSM office, USA: 1 617 916-1705
SLOBODA (Freedom) Association office, Belgrade: 381 63 279 819

You can Contribute using PayPal at:
https://www.paypal.com/xclick/business=icdsm%40aol.com
PayPal accepts VISA and MasterCard

You can Contribute by mail to:
ICDSM
831 Beacon St., #295
Newton Centre, MA 02459 (USA)

- OR -

You can Contribute by wire transfer to Sloboda Association

Intermediary:
UBS AG
Zurich, Switzerland
Swift Code: UBSWCHZH

Account with:
/ 756 - CHF
/ 840 - USD
/ 978 - EUR
Kmercijalna Banka AD
SV. Save 14, 11000 Belgrade, FR Yugoslavia
Swift Code: KOBBYUBG

Beneficiary: Account No. 5428-1246-16154-6
SLOBODA
Rajiceva 16, 11000 Belgrade, FR Yugoslavia

Thank you!

http://www.icdsm.org