30 May 2013 - ICTY

49392
in chapter 2, the Trial Chamber will not rely on the witness’s evidence in this respect.
Consequently, the Trial Chamber considers this document to be reliable.
2037. The Trial Chamber further recalls its finding in chapter 6.3.2 that at the relevant time,
the JATD was a unit subordinate to the Accused. The Trial Chamber further considers Report
P1061 which suggests that during the war, Mijović was in charge of a unit connected to the
Serbian DB. In view of all the above, and Mijović’s membership of the JATD, although it is
not convinced that the Accused, through Vasilije Mijović, directed the SDG in the
Treskavica/Trnovo operation, the Trial Chamber finds that through him, the Accused
supported the involvement of the SDG in the Treskavica/Trnovo operation in June-July 1995.
2038. The Trial Chamber will now consider the SDG’s and the Skorpions’ deployment to the
Trnovo front. In this respect, it will first consider the context in which the decision to deploy
the units was made. In view of the evidence of Borislav Pelević and Witness JF-029, the Trial
Chamber considers that the request to assist in the Trnovo operation came from Radovan
Karadžić, and was put before Arkan, Boca, Mrgud, Ilija Kojić, and others by Radovan
Stojičić, a.k.a. Badža, who said that Serbia could not do much about it. In this respect, the
Trial Chamber has not received any evidence about the Accused’s involvement in this
process.
2039. As to organizing the involvement of the SDG in the operation, the Trial Chamber notes
that the evidence of Borislav Pelević and Arkan’s letter to Karadžić about his readiness to join
the forces of the Bosnian-Serb Republic 4266 do not contradict the testimony of Witness JF-057
about Arkan receiving a phone call from Frenki. The Trial Chamber considers Witness JF-
057’s testimony about having no knowledge of Frenki’s involvement in the Trnovo operation
to refer to his role in the actual operation, that is after the SDG was deployed to the front. The
Trial Chamber recalls its above considerations about the reliability of Borislav Pelević’s
evidence. In light of the other evidence regarding the meeting of Mrgud, Arkan, and others
that preceded the SDG’s deployment to Trnovo, which complements Borislav Pelević’s
evidence in this respect, the Trial Chamber finds that in this specific context, it can rely on
Pelević’s evidence. Consequently, it finds that Mrgud and Karadžić requested Arkan to assist
in the Trnovo operation. Furthermore, in view of Witness JF-057’s evidence, the Trial
Chamber finds that Simatović called Arkan and arranged for the SDG to participate in the
Trnovo operation. In view of all the above, the Trial Chamber finds that the Accused
Simatović, among others, organized the involvement of the SDG in the Treskavica/Trnovo
Case No. IT-03-69-T 726
30 May 2013