30 May 2013 - ICTY

49500
certificates. 3495 In 1993, decisions to authorise claims to the fund were made on Captain
Dragan’s behalf in Belgrade. 3496
1755. The Trial Chamber finds, based on the evidence reviewed above, that sometime in
autumn 1991, Captain Dragan established the KDF to provide financial assistance to wounded
soldiers and their families. A number of Unit members and members of the SDG may have
applied for and received financial assistance from the KDF for financial assistance. Further,
Unit members and the Serbian DB may have provided certificates in support of such
applications. However, the Prosecution has not argued nor pointed to evidence clearly
establishing that the Accused funded or operated the KDF, or were otherwise involved in it.
Although Simatović referered to the Unit’s promotion of the KDF at the Kula ceremony, the
Trial Chamber is unable to determine what such promotion would have consisted of. Under
these circumstances, the Trial Chamber will not further consider whether the Accused
provided substantial assistance or support for the Unit through the KDF.
6.3.4 The Accused failed to instruct the Unit to refrain from committing unlawful acts
1756. According to the Indictment, the Accused failed to instruct the Unit/the JATD to
refrain from committing unlawful acts. 3497 The Trial Chamber has not received any direct
evidence in this respect. The Trial Chamber refers to its findings above regarding the
Accused’s acts and conduct in relation to the Unit.
3495 For example P144 (Questionnaire B1, Slobodan Katanić, 31 May 1993); P569 (Two documents relating to
Jovan Vejnović), pp. 1-3 (Questionnaire B1, Belgrade, signed by Nada Krupa, 25 March 1992); P2653 (Claim
form and certificate relating to Aleksandar Uglješić, signed by Ilija Vučković, 10 July 1992); P2996 (Claim form
and certificate relating to Dušan Momčilović, signed by Djuro Ljiljak, 3 August 1992).
3496 P146 (Questionnaire B1, Mladen Markrić, 22 July 1993); P2649 (Claim form and decision on financial
assistance relating to Dušan Mastikosa, signed for Captain Dragan, 15 June 1993), p. 8; P2652 (Claim form and
decision on financial assistance for Nedeljko Orlić, signed for Captain Dragan, 4 May 1993), p. 7; P2654 (Claim
form and decision on financial assistance relating to Miodrag Todorović, signed for Captain Dragan, 1 July
1993), p. 8; D1689 (Claim form and decision relating to Radiša Lazarević, signed for Captain Dragan, 27 July
1993).
3497 Indictment, paras 5, 15(c).
Case No. IT-03-69-T 618
30 May 2013