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30 May 2013 - ICTY

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49553<br />

1592. At the Kula ceremony in 1997, Simatović stated that in the early stages of the war 26<br />

training camps for special police units of the Bosnian-Serb Republic and the Serbian Krajina<br />

had been formed, including at Doboj. 3143 During his testimony, Witness JF-005 was shown a<br />

video of that ceremony, and testified that a room in the Kula camp shown in the video<br />

contained flags the unit had captured during battle and pictures of members of the unit who<br />

had been killed, as well as a map of the locations of training camps. 3144 The witness<br />

recognized on a separate video the same map depicting the locations of Red Beret camps and<br />

training centres (including Doboj and Ozren), which hung in a memorial room at the Kula<br />

camp. 3145 Zvezdan Jovanović was present at the Kula ceremony in 1997. 3146<br />

1593. The Trial Chamber recalls Adjudicated Fact I-202 in relation to the JNA’s arming of<br />

paramilitary groups in 1991/1992, as set out in chapter 6.4.4.<br />

1594. The Trial Chamber will first assess the reliability of Witness JF-005’s evidence. The<br />

Defence submits that the witness was inconsistent in his evidence, that the fact that he could<br />

not recall details of his own prior convictions impacts his reliability, and that his account of<br />

employment with the Serbian DB in light of other evidence is highly implausible. 3147 The<br />

Simatović Defence also points out that the witness’s tasks as described by him appear<br />

implausible given his inexperience and young age at the time. 3148 The Trial Chamber<br />

considers that the witness may have shielded his own involvement in illegal acts. This would<br />

similarly apply to his testimony about his prior convictions. The Trial Chamber further notes<br />

some inconsistencies in the witness’s evidence but does not consider them to be of such a<br />

nature as to significantly reduce his reliability. The Trial Chamber considers that the witness,<br />

inter alia due to his young age, played a relatively marginal role in the events in Doboj in<br />

1992. In this respect, the Trial Chamber does not consider it of primary importance whether or<br />

not the witness himself was subordinate to Božović. More important is whether the testimony<br />

of what he observed corresponds with the other evidence received. In this respect, the<br />

witness’s testimony is corroborated by other evidence and consistent with the evidence at the<br />

base of the Trial Chamber’s finding with regard to the Unit’s formation in 1991. Accordingly,<br />

3143 P61 (Video of award ceremony at Kula with transcript), pp. 10-11.<br />

3144 Witness JF-005, T. 2817-2818.<br />

3145 Witness JF-005, T. 2836-2840, 2844-2845; P162 (Video of memorial room at Kula camp, date unknown),<br />

Clip 1, 00:06-01:03; P163 (Images from video P162 of memorial room at Kula camp, date unknown), pp. 2-6.<br />

3146 See P61 (Video of award ceremony at Kula with transcript), p. 5..<br />

3147 Stanišić Defence Final Trial Brief, 17 December 2012, paras 682-685, Annex III-A; Simatović Defence Final<br />

Trial Brief, 14 December 2012, paras 1109, 1123.<br />

3148 Simatović Defence Final Trial Brief, 14 December 2012, para. 1110.<br />

Case No. IT-03-69-T 565<br />

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

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