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30 May 2013 - ICTY

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49661<br />

1281. In relation to the investigative commission launched in 1991, the Trial Chamber finds<br />

that Jovica Stanišić was not officially suspended from duties during the investigation.<br />

However, the Trial Chamber allows for the reasonable possibility that DB chief Janaćković,<br />

for personal reasons, tried to side-line Stanišić during his tenure as DB chief in 1991. The<br />

Trial Chamber received evidence from several witnesses indicating that Stanišić was not<br />

operationally active while the mentioned commission was investigating. However, the<br />

evidence in relation to this is mainly speculative without a clear basis of knowledge. In light<br />

of other evidence showing Stanišić’s active role at that time, for example his meetings with<br />

Martić or Milošević in early 1991 or his presence in the SAO Krajina in April 1991 or the<br />

SAO SBWS in September 1991 (see chapters 6.3.2, 6.6.2, 6.9), the Trial Chamber concludes<br />

that Janaćković’s efforts of side-lining Stanišić, including the investigative commission, did<br />

not have a significant effect on Jovica Stanišić’s position and powers at the relevant time.<br />

1282. The Trial Chamber will deal with Jovica Stanišić’s role vis-à-vis the Unit and other<br />

formations, in chapters 6.3, 6.4, 6.5, 6.6, and 6.7.<br />

6.2.2 Franko Simatović<br />

1283. According to the Indictment, Franko Simatović worked in the DB between 1978 and<br />

2001. Initially he worked in counter intelligence and then moved into the newly formed<br />

Intelligence Administration (or Second Administration) of the DB and as such was the<br />

commander of the Special Operations Unit of the DB. 2282<br />

1284. According to Serbian MUP personnel documents, Franko Simatović passed the MUP<br />

professional exam for trainees on 28 June 1979 and was employed as a MUP operative from<br />

29 June 1979. 2283 On 1 February 1980, Simatović was employed as a Junior Inspector in the<br />

SDB Administration of the Serbian Republican Secretariat of the Interior. 2284 On 18<br />

December 1989, he was seconded to the Socialist Autonomous Province of Kosovo to carry<br />

out state security tasks for a period of up to one year. 2285 In 1990, Simatović worked as an<br />

2281 D841 (SFRY RDB Instruction for the Use and Control of Distribution of Funds While Performing Basis<br />

Activities of the SDB, 21 April 1986), pp. 3-4.<br />

2282 Indictment, para. 2.<br />

2283 P24<strong>30</strong> (Proposal of MUP for early promotion of Simatović to the rank of captain, signed by Radomir<br />

Marković, <strong>30</strong> December 1999), p. 1; P2441 (Certificate of employment issued by Administration for Joint<br />

Affairs, signed by Ružica Bajčetić, 5 February 2002). See Prosecution Submission on Agreed Facts, 15 June<br />

2007, para. 10.<br />

2284 P2384 (Series of performance appraisals 1980-1992), pp. 1-3, 9-11.<br />

2285 P2393 (Decision of Republican Secretariat of the Interior seconding several employees to Kosovo, signed by<br />

Radmilo Bogdanović, 18 December 1989).<br />

Case No. IT-03-69-T 457<br />

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

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