30 May 2013 - ICTY

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1790. To the extent that TO commanders Kojić and Badža may have had any links to the
Serbian DB, the Trial Chamber is nonetheless unable to conclude that such a link, whatever it
could have meant at the time, constitutes evidence that the Accused directed the involvement
of the SDG in the SAO SBWS. These findings, limited only to directing, are also consistent
with the evidence on the general structure and command of the SDG, which indicates that the
SDG was subordinated to RSK organs during the war.
1791. In relation to Simatović, the Trial Chamber notes that in its Final Trial Brief, the
Prosecution does not submit that he directed the involvement of Arkan or the SDG in the
SAO SBWS in 1991-1992, apart from his presence in Erdut on two occasions.
Recalling its conclusion that Milomir Kovačević’s evidence cannot be relied upon, as noted
above, and considering that the Prosecution’s submission with regard to Simatović is based
solely on this witness’s evidence, the Trial Chamber does not consider Simatović’s presence
in Erdut on two occasions sufficiently probative to establish that Simatović directed Arkan or
the SDG. The Trial Chamber therefore finds that Simatović did not direct the involvement of
the SDG in the SAO SBWS in 1991. The Trial Chamber finds that without further evidence,
the mere fact that the Accused were involved with the SDG at a later stage does not affect this
finding.
Bosnia-Herzegovina 1992 (Bijeljina and Zvornik)
1792. The Trial Chamber received evidence with regard to the Prosecution’s allegation that
the Accused directed the involvement of the SDG in Bosnia-Herzegovina in 1992, through
Witness JF-025, Witness JF-057, Jovan Dimitrijević, and Witness JF-026. In its Final Trial
Brief, the Prosecution argues that the Serbian DB gave orders in relation to operations that
took place in Bijeljina and Zvornik. 3588 The Stanišić Defence, in its Final Trial Brief, submits
that Stanišić and the Serbian DB played no role in the attacks in Zvornik, and argues that the
JNA was responsible for the take-over of Zvornik. 3589 In its Final Trial Brief, the Simatović
Defence submits that Arkan and the SDG acted under the command of JNA General Savo
Janković in the liberation of Zvornik, and that Simatović was not connected in any way with
the activities Arkan undertook in that territory. 3590
3588 Prosecution Final Trial Brief, 14 December 2012, para. 658.
3589 Stanišić Defence Final Trial Brief, 17 December 2012, para. 720.
3590 Simatović Defence Final Trial Brief, 14 December 2012, paras 530, 548-549.
Case No. IT-03-69-T 631
30 May 2013