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30 May 2013 - ICTY

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49385<br />

finds that between late August and late October 1995, the JATD a.k.a. the Red Berets under<br />

the command of Zvezdan Jovanović took part in operations in the SAO SBWS, including in<br />

the area of Čakovci, Nijemci and Lipovac, as part of Colonel Antolić’s Operational Group 3<br />

under the overall command of General Lončar’s 11th Corps of the SVK. The Trial Chamber<br />

further finds that apart from Jovanović, other members of the JATD involved in the<br />

operations included: Vasilije Mijović, Dragan Filipović a.k.a. Fića, and Radojica Božović.<br />

2056. The Trial Chamber will now examine the role of the Accused in the above events. In<br />

this respect it first notes that according to its findings in chapter 6.3.2 that the JATD was a<br />

unit of the Serbian MUP DB subordinate to the Accused at the relevant time. The Trial<br />

Chamber will consider whether in the particular operations at issue, the Accused specifically<br />

directed the JATD a.k.a. the Red Berets, as well as the SDG and the Skorpions. In view of the<br />

documentary evidence received 4<strong>30</strong>3 and the testimony of Witness JF-024, the Trial Chamber<br />

finds that at least on a few occasions, the Accused were present in the area during the relevant<br />

time, that they met with SVK members Lončar and Ivanović, and that they monitored<br />

telephone conversations in the area through the Serbian DB surveillance centre near Dalj. The<br />

Trial Chamber does not consider that this evidence alone is sufficient to establish that the<br />

Accused directed the involvement of the three units in the SAO SBWS operations in 1995. In<br />

this respect, the Trial Chamber has further considered the Intelligence Report on the<br />

relationship between Mrgud and Stanišić reviewed in chapter 6.5.3 above, 4<strong>30</strong>4 the evidence of<br />

Witness JF-024 about the DB taking control over the Serb areas in Croatia, the evidence of<br />

Mladen Karan on the influence the Serbian MUP and DB had on removing SVK officers from<br />

the Vukovar area, and another Intelligence Report which stated that the Accused “were in<br />

charge”, “commanded the army in Krajina”, and that Lončar was “nothing but a pawn”. 4<strong>30</strong>5<br />

The Trial Chamber considers that this report contains very broad and bitter statements made<br />

by Predrag Milisavljević, who had been fired from work and had apparent problems with<br />

accepting his new situation, and should therefore be treated with great caution. Furthermore,<br />

with regard to the influence of the Accused on the SVK, the Trial Chamber notes that<br />

according to the Intelligence Report based on the interview with collaborator “Trgovac”, 4<strong>30</strong>6<br />

members of the MUP and the DB were removed from Tactical Group 1 of the SVK by the<br />

SVK commanders. Overall, the Trial Chamber does not consider that the evidence discussed<br />

4<strong>30</strong>3 Exhibits P1193 and P1080.<br />

4<strong>30</strong>4 Exhibit P1652.<br />

4<strong>30</strong>5 Exhibit P2360.<br />

4<strong>30</strong>6 Exhibit P1080.<br />

Case No. IT-03-69-T 733<br />

<strong>30</strong> <strong>May</strong> <strong>2013</strong>

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