30 May 2013 - ICTY

49404
2009. In relation to the Skorpions, as to the witnesses who denied any links between the
Serbian DB and the Skorpions, the Trial Chamber will not rely on Witness JF-048’s
speculations, or the evidence of Gvozden Gagić, who repeated the Medić brothers’ statements
in this respect, and presented conclusions of his “studies” of the unit, the sources of which he
did not share with the Trial Chamber. In view of the evidence of Witness JF-029 and Petar
Djukić, the Trial Chamber finds that the RSK leadership and the SVK deployed the Skorpions
to Operation Pauk. The Trial Chamber has further considered the evidence of Goran Stoparić
on the Skorpions’ official affiliation to the SVK and the Serbian DB’s influence over the unit,
as well as Report P1075, according to which the Skorpions were in direct contact with or
engaged under the guise of the Serbian MUP or the RDB during the war, as well as
Intelligence Report P1652 on the relationship between Stanišić and Mrgud, who was at the
time Assistant Minister of Defence in the RSK. This evidence does not show, however, that
the Accused were involved in the deployment decision. The Trial Chamber has therefore not
received sufficient evidence to conclude that the Accused organized the involvement of the
Skorpions in Operation Pauk.
2010. In relation to the SDG, the Trial Chamber first notes that it will not rely on the
evidence of Mladen Karan about Legija being sent by Martić, as the witness did not provide a
basis for his conclusion in this respect. On the basis of the evidence of Witness JF-057, the
Trial Chamber finds that following a phone call from Simatović, Arkan gathered and
deployed the SDG members to Operation Pauk, and that they left Belgrade in cars that
belonged to the Serbian MUP. The Trial Chamber further recalls its finding above that Arkan
frequently communicated with Simatović, and that Simatović met with Legija, who addressed
him as “boss”, on a several occasions in the course of Operation Pauk. The Trial Chamber
further finds, on the basis of Witness JF-057’s evidence, that Simatović’s office informed the
SDG members when they were expected to be back in the field from their holiday.In light of
the above, the Trial Chamber finds that the Accused Simatović organized the involvement of
the SDG in Operation Pauk. Furthermore, the Trial Chamber has considered the intercepted
conversation P2949, where unknown “Speaker C” talked about “inserting” Legija and
Božović in the combat operations. Even assuming that “Speaker C” is Jovica Stanišić, having
considered a subsequent statement by “Speaker C” that Kladuša had already been liberated,
the Trial Chamber is not convinced that the “inserting” of Legija and Božović refers to
Operation Pauk, and not to a different combat operation. Consequntly, the Trial Chamber has
Case No. IT-03-69-T 714
30 May 2013