30 May 2013 - ICTY

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that he was exaggerating, and that no other witness has corroborated his account in this
respect. 4182 The Trial Chamber considers that Slišković’s testimony in this respect is
corroborated by, in particular, the evidence of Witness JF-057, Witness JF-035, Witness JF-
027, and the MUP JATD Report P3024. In view of the above, the Trial Chamber does not
consider Dejan Plahuta’s testimony that his colleagues from JATD did not form part of the
Pauk Tactical Groups to be reliable. Based on this evidence and its finding above on the
leadership of Tactical Group 3, the Trial Chamber finds that at least some JATD members
present in the area of Petrova Gora took part in combat activities, which began in November
1994, and that they were under the direct command of Božović of Tactical Group 3. In view
of its finding on the position of Tactical Group 3, the Trial Chamber finds that during
Operation Pauk, the JATD a.k.a. the Red Berets were directed by General Mile Novaković.
2003. As to the presence of the Accused in the region of Petrova Gora at the relevant time,
the Trial Chamber finds, on the basis of the evidence before it, 4183 that both the Accused were
present in the area on numerous occasions: Jovica Stanišić, between late September 1994 and
at least February 1995, and Franko Simatović, between late September 1994 and at least May
1995. The Trial Chamber is satisfied that as of late September 1994, the Accused controlled
the communication centre located at Petrova Gora where the intelligence information from the
region was collected. 4184 In their Final Trial Briefs, the Stanišić and the Simatović Defence
argue that it was for the purpose of collecting such intelligence information that the Accused
were present in the area of Petrova Gora during Operation Pauk. 4185 Having regard to the
position of the Accused within the Serbian MUP DB at the relevant time, as discussed in
chapters 6.2.1 and 6.2.2, and in view of all the evidence received, the Trial Chamber does not
consider it a reasonable interpretation of the evidence that the role of the Accused at Petrova
Gora was limited to collecting intelligence information. It furthermore does not consider
Mladen Karan’s evidence that Simatović could not have collected intelligence and at the same
time participate in commanding the units, to be persuasive. The Trial Chamber will now
assess the role that the Accused played in the operation.
4181 The evidence of Aco Drača, Dejan Plahuta, Dejan Slišković, Witness JF-057, Witness JF-050, and Witness
JF-027, as well as exhibits P236 (Information on the Serbian MUP units in Pauk) and P3024 (Report to the
Serbian DB on the activities of the JATD).
4182 Stanišić Defence Final Trial Brief, 17 December 2012, paras 1052-1055.
4183 Based on the evidence of Manojlo Milovanović, Slobodan Lazarević, Dejan Slišković, Aco Drača, Dejan
Plahuta, Mladen Karan, Radivoje Mičić, Witness JF-027, Witness JF-035, as well as Intelligence Report P382
and Pauk Command Operations Logbook P235.
4184 See the evidence of Mladen Karan, Rade Vujović, Radivoje Mičić, Aco Drača, Dejan Slišković, and Dejan
Plahuta.
Case No. IT-03-69-T 711
30 May 2013