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30 May 2013 - ICTY

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49366<br />

6.6 SAO Krajina Police and SAO Krajina TO<br />

6.6.1 Introduction<br />

2107. In this chapter, the Trial Chamber will review the evidence concerning the SAO<br />

Krajina Police also referred to as Martić’s police or Martić’s men, and the SAO Krajina TO.<br />

The Trial Chamber will address the Prosecution allegations as they are presented in the<br />

Indictment. In this respect, it will first review the evidence on the formation of the SAO<br />

Krajina Police and TO. Then, it will examine whether the Accused directed and organized the<br />

financing, training, logistical support, and other substantial assistance or support to the SAO<br />

Krajina Police and TO during the Indictment period. Finally, it will consider the Accused’s<br />

alleged failure to instruct the SAO Krajina Police and TO units to refrain from committing<br />

unlawful acts.<br />

6.6.2 The Accused directed and organized the formation of the SAO Krajina Police and TO<br />

units<br />

2108. According to the Indictment, the Accused directed and organized the formation of<br />

SAO Krajina Police and TO. 4405 The Trial Chamber notes that on 19 December 1991, the<br />

SAO Krajina Assembly proclaimed the RSK. 4406 The Trial Chamber understands that any<br />

reference in the evidence to the SAO Krajina after 19 December 1991 in fact implies the<br />

RSK. Remaining mindful of the above, for the reasons of consistency, the Trial Chamber will<br />

use the names “SAO Krajina Police” and “SAO Krajina TO” throughout this chapter. In its<br />

Final Trial Brief, the Prosecution submits that the Accused established police stations in the<br />

SAO Krajina. 4407 The Prosecution further specifies that it does not allege that the Accused<br />

contributed in all the different forms charged in the Indictment (forming, training, financing,<br />

etc.) for each of the unit specified in the Indictment. 4408 Taking note of the withdrawal of<br />

these allegations, the Trial Chamber notes that the Prosecution has not made any specific<br />

submissions about the formation of the SAO Krajina TO and it will consequently not make<br />

any findings in this respect.<br />

2109. In relation to the formation of the SAO Krajina Police, the Trial Chamber has taken<br />

judicial notice of Adjudicated Facts and has received evidence from numerous witnesses as<br />

4405 Indictment, para. 15(b).<br />

4406 See Adjudicated Facts III, fact 149.<br />

4407 Prosecution Final Trial Brief, 14 December 2012, paras 23-<strong>30</strong>.<br />

Case No. IT-03-69-T 752<br />

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

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