30 May 2013 - ICTY

30 May 2013 - ICTY 30 May 2013 - ICTY

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49572 consider evidence of these persons’ continued membership of the SRS to contradict its findings in this respect, as it does not understand membership in the Unit and the SRS to be mutually exclusive. Recalling the Trial Chamber’s findings in chapter 6.3.2 and the Ležimir camp above, the Trial Chamber therefore finds that the Accused organized the training of Unit members at the Pajzoš camp in 1992. The Trial Chamber has further received evidence indicating that Đorđević and Debeli became VRS members after the Bosanski Šamac operations but does not consider that this impacts its findings in this section. 1535. The Trial Chamber recalls its findings in chapter 3.4.2 that members of the Unit arrived in Bosanki Šamac municipality on 11 April 1992 and participated in the take-over of Bosanski Šamac town on 17 April 1992. 1536. With regard to organising the involvement of the Unit in the Bosanski Šamac operations, the Trial Chamber finds that in late March or early April 1992, Simatović held a meeting at the Pajzoš training camp and announced that the Unit would be deployed to Bosanski Šamac. Simatović stated that the Unit’s objective was to secure Bosanski Šamac and the surrounding Serb villages. Considering this and recalling the Trial Chamber’s findings in chapter 6.3.2 and the Ležimir camp above, the Trial Chamber finds that the Accused organized the involvement of the Unit in the Bosanski Šamac operations in April 1992. The Trial Chamber considered the Stanišić Defence’s alternative theory, based on the evidence of Witness JF-030, that the Unit in Pajzoš was controlled by Badža 2985 , but concludes, in particular in light of its findings in chapter 6.3.2 and in relation to the Ležimir camp above, as well as the fact that Witness JF-030 initially stated that the Unit in Pajzoš was controlled by Simatović, 2986 that this interpretation of the evidence is not reasonable. 1537. With regard to directing the involvement of the Unit in the Bosanski Šamac operations, the Trial Chamber recalls its finding that, during the take-over, the Unit was subordinated to the JNA (see chapter 3.4.2). The Trial Chamber has received insufficient evidence to conclude that the Accused directed the Unit during the Bosanski Šamac operations. 1538. With regard to financing, the Trial Chamber has reviewed a document in Confidential Appendix C regarding Serbian MUP salaries received during combat and Witness JF-047 testified that in Bosanki Šamac the unit once received its pay by courier in an army helicopter that came from Belgrade. Further recalling its findings in chapter 6.3.2 and in relation to the 2984 See chapter 6.3.3 in relation to the Ležimir camp. 2985 Stanišić Defence Final Trial Brief, 17 December 2012, paras 571, 616-625. Case No. IT-03-69-T 546 30 May 2013

49571 Ležimir camp above, the Trial Chamber is satisfied that the Accused also financed the Unit at Pajzoš and during the Bosanski Šamac operations. 1539. With regard to the training of other groups at the Pajzoš camp, the Trial Chamber finds based on the Adjudicated Facts and exhibits P399, P3179, P2803, and P2448 that the Unit trained individuals from the Skelani TO, as well as other Serbs, including Milan Lukić, at Pajzoš in 1992. Recalling the Trial Chamber’s finding in chapter 6.3.2 and in relation to the Ležimir camp above, the Trial Chamber therefore finds that the Accused organized the training of Skelani TO members and other Serbs at Pajzoš in 1992. Brčko camp, February 1992 1540. e Trial Chamber now turns to the Brčko camp and the Brčko operations. The Trial Chamber will consider whether the Accused directed the involvement of the Unit in particular operations in and around Brčko. 2987 The Trial Chamber will further consider whether the Accused organized, supplied, financed, and supported the Unit’s involvement in those particular operations. 2988 The Trial Chamber will also review whether the Accused directed and organized the financing, training, logistical support, and other substantial assistance or support for the Unit at Brčko. 2989 Finally, the Trial Chamber will consider whether the Accused directed and organized the training of other groups at Brčko. 1541. In its Final Trial Brief, the Prosecution submits that in February 1992, the Serbian MUP DB established a training centre at Brčko, where they trained local Serbs and formed a special unit which participated in the take-over of Brčko. 2990 1542. The Trial Chamber will first review evidence indicating that Božo and Rade Božić were present in Brčko municipality with a group referred to as the “Red Berets” and linked to Captain Dragan between late 1991 and August 1992. Witness JF-031, a Serb from Knin municipality, 2991 testified that Božo Božić and Rade Božić were original trainers from Golubić who left for Brčko after Fruška Gora. 2992 The witness testified that they left the Red Berets in May 1992. 2993 The witness visited the Red Berets centre in Brčko. 2994 The witness 2986 P2093 (Witness JF-030, proofing note, 15 February 2008), para. 12; see also the Trial Chamber’s decision to admit this document into evidence for the truth of its contents, T. 13133-13137 2987 Indictment, para. 7. 2988 Indictment, para. 7. 2989 Indictment, paras 3, 5, 15(c). 2990 Prosecution Final Trial Brief, 14 December 2012, paras 241-244. 2991 P998 (Witness JF-031, witness statement, 1 June 2001), pp. 1-2. 2992 P998 (Witness JF-031, witness statement, 1 June 2001), p. 8; P1001 (List of persons present at Fruška Gora), p. 1. 2993 P1001 (List of persons present at Fruška Gora), p. 1. Case No. IT-03-69-T 547 30 May 2013

49571<br />

Ležimir camp above, the Trial Chamber is satisfied that the Accused also financed the Unit at<br />

Pajzoš and during the Bosanski Šamac operations.<br />

1539. With regard to the training of other groups at the Pajzoš camp, the Trial Chamber finds<br />

based on the Adjudicated Facts and exhibits P399, P3179, P2803, and P2448 that the Unit<br />

trained individuals from the Skelani TO, as well as other Serbs, including Milan Lukić, at<br />

Pajzoš in 1992. Recalling the Trial Chamber’s finding in chapter 6.3.2 and in relation to the<br />

Ležimir camp above, the Trial Chamber therefore finds that the Accused organized the<br />

training of Skelani TO members and other Serbs at Pajzoš in 1992.<br />

Brčko camp, February 1992<br />

1540. e Trial Chamber now turns to the Brčko camp and the Brčko operations. The Trial<br />

Chamber will consider whether the Accused directed the involvement of the Unit in particular<br />

operations in and around Brčko. 2987 The Trial Chamber will further consider whether the<br />

Accused organized, supplied, financed, and supported the Unit’s involvement in those<br />

particular operations. 2988 The Trial Chamber will also review whether the Accused directed<br />

and organized the financing, training, logistical support, and other substantial assistance or<br />

support for the Unit at Brčko. 2989 Finally, the Trial Chamber will consider whether the<br />

Accused directed and organized the training of other groups at Brčko.<br />

1541. In its Final Trial Brief, the Prosecution submits that in February 1992, the Serbian<br />

MUP DB established a training centre at Brčko, where they trained local Serbs and formed a<br />

special unit which participated in the take-over of Brčko. 2990<br />

1542. The Trial Chamber will first review evidence indicating that Božo and Rade Božić<br />

were present in Brčko municipality with a group referred to as the “Red Berets” and linked to<br />

Captain Dragan between late 1991 and August 1992. Witness JF-031, a Serb from Knin<br />

municipality, 2991 testified that Božo Božić and Rade Božić were original trainers from<br />

Golubić who left for Brčko after Fruška Gora. 2992 The witness testified that they left the Red<br />

Berets in <strong>May</strong> 1992. 2993 The witness visited the Red Berets centre in Brčko. 2994 The witness<br />

2986 P2093 (Witness JF-0<strong>30</strong>, proofing note, 15 February 2008), para. 12; see also the Trial Chamber’s decision to<br />

admit this document into evidence for the truth of its contents, T. 13133-13137<br />

2987 Indictment, para. 7.<br />

2988 Indictment, para. 7.<br />

2989 Indictment, paras 3, 5, 15(c).<br />

2990 Prosecution Final Trial Brief, 14 December 2012, paras 241-244.<br />

2991 P998 (Witness JF-031, witness statement, 1 June 2001), pp. 1-2.<br />

2992 P998 (Witness JF-031, witness statement, 1 June 2001), p. 8; P1001 (List of persons present at Fruška Gora),<br />

p. 1.<br />

2993 P1001 (List of persons present at Fruška Gora), p. 1.<br />

Case No. IT-03-69-T 547<br />

<strong>30</strong> <strong>May</strong> <strong>2013</strong>

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