CAT/C/42/D/261/2005 Page 6 from the Police Station of New Belgrade arrived at the scene.5 Sergeant Major B., who was the commander of the Bezanija Police Department,6 stated that police support was provided at two locations in the settlement and that no plainclothes policemen were present at his location. Sergeant A. declared that he was present at the destruction of the settlement but did not see any violence taking place. He did not recall whether the other Ministry of Internal Affairs’ officers, other than those from the Bezanija Police Department, were present at the scene and stated that, as a rule, assistance is provided by the uniformed rather than by plainclothes policemen. Sergeant N. stated that he did not participate in this operation. None of the policemen who were present during the eviction and demolition of the “Antena” settlement, could remember the names of the colleagues or subordinates who also took part in it. 2.8 On 17 May 2002, the investigating judge heard the complainant. His testimony was supported by the statements of the other two inhabitants of the settlement who were also heard as witnesses by the investigating judge. All of them stated that they would be able to recognize the plainclothes policemen who hit them. 2.9 On 4 June 2002, in reply to the investigating judge’s request for information on the policemen present at the eviction and demolition of the “Antena” settlement, the Department of Internal Affairs of New Belgrade stated that the execution of the decision of the New Belgrade Municipality started on 7 June 2000. On that day, police officials J., O. and T. visited the settlement and requested the inhabitants to start evacuating their homes. The operation continued the next day by the Sergeants A. and N. together with the Commander B. 2.10 On 17 July 2002, the investigating judge interviewed P., one of the Building Construction inspectors present during the operation. He stated that the “Antena’” inhabitants had been aware of the plan to demolish their settlement a month before the actual demolition was to take place and that on 7 June 2000 they had been given a last 24 hours vacation notice. On 8 June 2000, the “Antena’” inhabitants gathered at the settlement and it seemed to him that they had brought Roma from other settlements to prevent the demolition. Building Construction inspectors requested assistance from the Bezanija Police Department, which sent to the settlement uniformed and plainclothes policemen. The witness confirmed that a few kicks and slaps in the faces of the Roma inhabitants had taken place but stated that he did not recall that truncheons were used on them. He declared, however, that the plainclothes policemen did not interfere in the conflict; they were taking a Roma resisting the settlement’s demolition into police custody. He further stated that the demolition did not proceed before the inhabitants took their belongings out of the barracks.7 5 In his testimony before the court, Master Sergeant J. stated that ‘the force and clubs were used by officers and colleagues in plainclothes from the Department of Internal Affairs of New Belgrade’, whereas his colleagues and him ‘did not use force on that occasion’. For a part of Master Sergeant J.’s testimony referred to by the State party in support of its arguments, see paragraph 4.7 below. 6 Bezanija Police Department is a sub-department of the Department of Internal Affairs of New Belgrade. 7 For a part of P.’s testimony referred to by the State party in support of its arguments, see paragraph 4.7 below.

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