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30 May 2013 - ICTY

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49564<br />

Božo Božić left the Unit (which he referred to as “the Red Berets”) in <strong>May</strong> 1992. Further, in<br />

the Davidović Report, <strong>30</strong>41 “Captain Dragan’s Red Berets” in Brčko were mentioned distinctly<br />

from the unit present in Brčko that was commanded by Živojin Ivanović (a.k.a. Crnogorac),<br />

suggesting that these were two different groups. The evidence does not establish whether<br />

Rade and Božo Božić’s unit (known as “Captain Dragan’s Red Berets”) cooperated with<br />

Ivanović’s unit in Brčko. Instead, documentary evidence <strong>30</strong>42 suggests that Rade and Božo<br />

Božić’s unit was subordinate to the Brčko garrison of the VRS.<br />

1566. The evidence does not establish whether Captain Dragan was himself present in Brčko<br />

in 1992 or otherwise involved with the unit referred to as “Captain Dragan’s Red Berets”.<br />

Nonetheless, the Trial Chamber notes in relation to Captain Dragan, the evidence <strong>30</strong>43 reviewed<br />

in chapter 6.3.2 that indicates that after Captain Dragan left Golubić in July or August 1991,<br />

he returned to Belgrade where the Serbian DB continued to monitor his activities. At some<br />

point following his return to Belgrade he offered his services to Minister Simović of the<br />

Serbian MoD. The Trial Chamber further considers Witness JF-031’s testimony reviewed in<br />

relation to the Ležimir camp, above, that Franko Simatović instructed the Unit not to receive<br />

Captain Dragan at the Ležimir camp.<br />

1567. This evidence suggests that Captain Dragan ceased to be a member of the Unit after<br />

August 1991. In light of the foregoing, the Trial Chamber allows for the reasonable possibility<br />

that Rade and Božo Božić and the unit referred to as “Captain Dragan’s Red Berets” in Brčko<br />

were separate from and operated independently of the Unit, the Serbian DB, and the Accused.<br />

1568. The Trial Chamber will now address Živojin Ivanović’s presence in Brčko. The<br />

Stanišić Defence disputes the reliability of the evidence of Witness JF-047 and Goran<br />

Stoparić, pointing to what it considers to be inconsistencies in their evidence regarding Vaso<br />

Mijović’s supplying the unit present in Brčko and Ivanović providing training in Brčko. <strong>30</strong>44<br />

Contrary to the Stanišić Defence’s submissions, the Trial Chamber considers the evidence of<br />

Witness JF-047 and Goran Stoparić to be broadly internally consistent. Their evidence<br />

regarding Živojin Ivanović’s presence in Brčko is further corroborated by the testimony of<br />

<strong>30</strong>41 In evidence as P<strong>30</strong>17.<br />

<strong>30</strong>42 In particular, the Brčko War Presidency summary in evidence as D83 and the Captain Dragan Fund<br />

documents in evidence as D202.<br />

<strong>30</strong>43 Specifically, the Serbian MUP monitoring documents in evidence as exhibits D183, D585, D586, D1290,<br />

and D1291 and the minutes of a meeting between Captain Dragan and Tomislav Simović in evidence as P1069.<br />

The Trial Chamber has noted that evidence which indicates that Unit members maintained some contact with<br />

Captain Dragan after August 1991, including consulting him in December 1991 regarding minefields which at<br />

one of the Unit’s camps, see P2984 (Series of documents relating to Borjan Vučković), pp. 10-11 (Report by the<br />

Special Unit Commander, Pajzoš, 21 December 1991).<br />

Case No. IT-03-69-T 554<br />

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

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