30 May 2013 - ICTY

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Court. 4189 The Trial Chamber notes, however, that in his cross-examination on this issue, the
witness was particularly asked about the presence of Simatović at the meeting. In this respect,
the Trial Chamber does not consider the witness’s omission to mention Stanišić during his
cross-examination to have any influence on the reliability of his initial statement.
2006. Recalling its understanding of the Indictment’s term “to direct the involvement”, and
in the absence of sufficient evidence on the existence of some sort of a superior-subordinate
relationship between the Accused and General Mile Novaković, the Commander of Pauk, the
Trial Chamber is unable to conclude that the Accused directed the involvement of the SDG,
the Skorpions, and the JATD a.k.a. the Red Berets in Operation Pauk. However, in view of
the above findings and considerations on the Accused’s role in the operations, the Trial
Chamber finds that the Accused supported the involvement of the SDG and the JATD in
Operation Pauk. In relation to the Skorpions, the Trial Chamber has not received sufficient
evidence to conclude that the Accused supported this unit in Operation Pauk.
2007. The Trial Chamber will now consider the role of the Accused in organizing the
involvement of the Skorpions, the SDG, and the Red Berets in Operation Pauk. The Trial
Chamber first considers that Aco Drača contradicted his own statements, not only about the
Skorpions, but also in relation to the SDG unit led by Ulemek. Drača testified that the
Skorpions were based in Đeletovci, but that they were not subordinated to the 11th Corps, but
later claimed that no other units save for the 11th Corps Command battalions could have been
present in the Đeletovci/Markovci region at the time, and that the 11th Corps deployed
Skorpions to Pauk. Similarly, his testimony about the 11th Corps sending Ulemek’s units to
Pauk contradicts his evidence that Ulemek and his men were sent by the FRY. In view of the
above, the Trial Chamber will not rely on his evidence in this respect.
2008. The Trial Chamber has further reviewed the excerpts from Mladić’s Notebook, which
refer to an individual identified as “JS” stating that he sent 150 men through Pauk, and
provided 80 men from Erdut and 80 men from Đeletovci, and Stanišić proposing to form a
battalion of 700-800 men, as well as Intelligence Report P380, according to which Stanišić
confirmed having provided enough forces to ensure the liberation of Velika Kladuša. The
Trial Chamber does not consider that this evidence alone is sufficiently clear to allow for any
conclusions. It will, however, further consider it when reviewing specific evidence concerning
the organization of the Skorpions’, the SDG’s, and the JATD’s involvement in Operation
Pauk.
4189 Stanišić Defence Final Trial Brief, 17 December 2012, para. 1069.
Case No. IT-03-69-T 713
30 May 2013