30 May 2013 - ICTY

49467
1853. The Trial Chamber recalls its findings that Arkan’s men, a local paramilitary group
acting under Mirko Blagojević, the TO, and the Bijeljina SDS took control of Bijeljina town
by 4 April 1992, in chapter 3.3.1 and 6.4.3, and that on 8 April 1992, a combination of Serb
forces – the police, the TO, the JNA, and the SDG – attacked Zvornik town, in chapter 3.8.2
and 6.4.3.
1854. At the outset, the Trial Chamber recalls that in chapter 3.8.2 it considered the evidence
of Witness JF-026 to be reliable. Notwithstanding this, the Trial Chamber notes
inconsistencies in the witness’s evidence in relation to matters relevant for the present finding.
First, as summarised above, Witness JF-026 testified that the Zvornik Crisis Staff requested
the assistance of the assembly committee for Serbs outside Serbia, led by Bogdanović and that
the Crisis Staff was instructed to contact Radoslav Kostić. However, at transcript pages 9821-
9822, the witness also testified that the Zvornik Crisis Staff contacted, inter alia, Kostić on
their own initiative. Second, as summarised above, Witness JF-026 testified that Kostić
suggested that the Zvornik Crisis Staff notify Arkan about the situation in Zvornik and request
his help. However, the witness also previously testified that Kostić contacted the Zvornik
Crisis Staff and instructed them to go to Bijeljina in order to ensure logistical support to
Arkan’s unit which was to be redeployed to Zvornik. 3717 In light of this, the Trial Chamber
will treat Witness JF-026’s evidence on this point with caution.
1855. With regard to the evidence of Witness JF-057 on the Serbian DB giving orders in
relation to operations in Bijeljina and Zvornik, the Trial Chamber considers this statement to
be of a general nature for which the witness did not provide any clear basis of knowledge. The
Trial Chamber further notes that the witness then went on to testify that Arkan did not
indicate that he had sought the permission of the Serbian DB to participate in the defence of
the Serbian territories, and that the witness heard that Biljana Plavšić invited the SDG to go to
Bijeljina. Accordingly, the Trial Chamber has placed little weight on the witness’s general
statement in this regard.
1856. In terms of the reliability of the evidence received from witnesses Borislav Pelević and
Jovan Dimitrijević, the Trial Chamber recalls its finding in chapter 6.4.5 that parts of their
evidence were negatively affected by their association with and apparent loyalty to Arkan.
The Trial Chamber notes that both witnesses provided evidence on a very specific matter,
3717 P1700 (Witness JF-026, witness statement, 16 December 2008), para. 50; P1701 (Witness JF-026, Milošević
transcript, 23 and 26 May 2003, 5 June 2003), pp. 21174-21175; D215 (Witness JF-026, Šešelj transcript, 12-13
January 2010), p. 14933.
Case No. IT-03-69-T 651
30 May 2013