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30 May 2013 - ICTY

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49384<br />

above is conclusive with regard to the role, if any, played by the Accused in directing the<br />

units in the SAO SBWS operations.<br />

2057. Consequently, the Trial Chamber considers that it has received insufficient evidence to<br />

conclude that the Accused directed the SDG, the JATD a.k.a. the Red Berets, and the<br />

Skorpions in the SAO SBWS operations between late August and late October 1995.<br />

2058. The Trial Chamber will now consider whether the Accused organized the involvement<br />

of the SDG, the JATD a.k.a. the Red Berets, and the Skorpions in the SAO SBWS operations.<br />

In the absence of any evidence in relation to deploying the SDG and the Skorpions to the<br />

SAO SBWS operations, the Trial Chamber is unable to conclude that the Accused organized<br />

the involvement of these two units in the 1995 operations.<br />

2059. As to the JATD a.k.a. the Red Berets, the Trial Chamber has not received any specific<br />

evidence in relation to the organization of the unit’s involvement in these operations.<br />

Nevertheless, having recalled its findings in chapter 6.3.2 that the JATD was a unit of the<br />

Serbian MUP DB subordinate to the Accused at the relevant time, and in view of further<br />

corroborative evidence in this respect, in particular on the presence of the Accused in the area,<br />

and Simatović’s telephone contact with Božović, the Trial Chamber finds that the Accused<br />

organized the involvement of the JATD a.k.a. the Red Berets in the 1995 SAO SBWS<br />

operations.<br />

Supplies and other support<br />

2060. The Trial Chamber first recalls its findings in relation to Operation Pauk and Trnovo<br />

above, that the Accused supported the involvement of the SDG and the JATD in Operation<br />

Pauk and that they supported the involvement of the SDG in the Treskavica/Trnovo operation.<br />

The Trial Chamber will now consider further evidence it has received with regard to<br />

supporting the involvement of, and supplying the SDG, the JATD a.k.a. the Red Berets, and<br />

the Skorpions in the operations addressed above. In its Final Trial Brief, the Prosecution<br />

submits that members of the Serbian DB, including Zoran Raić, 4<strong>30</strong>7 escorted the Skorpions<br />

into Bosnia-Herzegovina during Operation Pauk and the Trnovo operation. 4<strong>30</strong>8 It also submits<br />

that on at least one occasion at the relevant time, the Skorpions and the SDG received<br />

ammunition and supplies from Pajzoš. 4<strong>30</strong>9 In relation to these allegations, the Trial Chamber<br />

4<strong>30</strong>7 For the Prosecution’s submission on the correct spelling of Raić’s name see Prosecution Final Trial Brief, 14<br />

December 2012, pp. 3-4.<br />

4<strong>30</strong>8 Prosecution Final Trial Brief, 14 December 2012, paras 349, 358.<br />

4<strong>30</strong>9 Prosecution Final Trial Brief, 14 December 2012, paras <strong>30</strong>5, 375.<br />

Case No. IT-03-69-T 734<br />

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

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