30 May 2013 - ICTY
30 May 2013 - ICTY 30 May 2013 - ICTY
49348 finds that Simatović personally oversaw the delivery of arms and ammunition to Martić between December 1990 and May or June 1991. The Trial Chamber has considered Vatroslav Stanićić’s comments that convoys of weapons arranged by the Accused were escorted to Knin by the JNA, as only the JNA could move freely through Serbia. The Trial Chamber allows for the reasonable possibility that the JNA escorted these trucks to Knin, but notes that it is not the only reasonable explanation that it had received in this respect. To that effect, it recalls the evidence of Witness B-179 reviewed in chapter 6.6.3 that the Association of Serbs and Emigrants of Serbia’s convoys with weapons passed freely through the country having Milan Prodanić from the Serbian DB arranged checkpoint access for the trucks. The Trial Chamber considers that this also addresses doubts expressed by the Defence as to whether, at the time, trucks filled with weapons could pass through Serbia to Krajina without being checked. 4554 In view of the evidence of Ante Marinović, Milan Babić, Witness JF-031, Mile Bosnić, Colonel Smiljanić’s account on the arming of the Serbs in early 1991, 4555 and Martić’s statement to the press (although unclear what period of time Martić is referring to in D296), the Trial Chamber notes the possibility that in the process of forming the SAO Krajina Police, Martić and his forces also received weapons from the depots of the reserve police force, the JNA and the TO, in Serbia and in Krajina, as well as through smugglers. The Trial Chamber does not consider Mile Bosnić’s account that the police got their weapons from the World War II Museum to be reliable. Even so, in view that the witness was based in Kordun, as well as his testimony that Kordun and Banija did not accept Martić’s authority at the time, the Trial Chamber considers that the witness may have been better acquainted with the situation of police forces in Kordun and Banija, rather than with the situation in the remainder of the Krajina territory. 2155. The Trial Chamber further finds, based on Witness JF-039’s testimony, that beginning in January 1991, with the financial support of Stanišić, Milan Martić set up at least two new Serb police stations in the Krajina. In this context, the Trial Chamber considers the evidence of Mile Bosnić and the SAO Krajina Executive Committee Announcement from January 1991 4556 on the existence of numerous police stations in the Krajina at the time. It notes however, that the two villages, where according to Witness JF-039 new stations had been set up, are not listed in this document. The Trial Chamber further considers that in reaction to the support from Stanišić and Simatović, Martić provided some 60 members of his police forces 4554 See Simatović Defence Final Trial Brief, 14 December 2012, para. 212; Stanišič Defence Final Trial Brief, 17 December 2012, para. 376. 4555 D118 (Letter to Mladić by Colonel Smiljanić, 5 October 1994). 4556 See exhibit P2061 (SAO Krajina Executive Committee Announcement, 5 January 1991) above. Case No. IT-03-69-T 770 30 May 2013
49347 to assist during Belgrade’s demonstrations in March 1991. The Trial Chamber further considers that Mile Bosnić’s general statement that he did not see or hear of the involvement of the Serbian MUP, police, or Stanišić in the events that began as of late August 1990, does not, as such contradict the evidence about the support provided by the latter to Martić. This is in particular in view of the fact that Banija and Kordun, where the witness was based, had problems accepting Martić’s authority and the SDS in this area, including the witness, could therefore not have been aware of all Martić’s activities. 2156. On the basis of the evidence of Radoslav Maksić and Milenko Sučević’s statement P2615, the Trial Chamber finds that the Serbian MUP provided the SAO Krajina Police with communications equipment. In view of Sučević’s reference to “Frenk” from the Serbian MUP, giving orders in relation to the communication equipment, the Trial Chamber finds that Simatović supplied the communication equipment to the SAO Krajina Police at least on one occasion in April 1991. 2157. As to the presence of the Accused, in view of its finding in chapter 6.3.2 and the evidence of Milan Babić and Witness JF-039 reviewed above, the Trial Chamber finds that Jovica Stanišić was present in the area of Knin on at least two occasions between August 1990 and April 1991, and Franko Simatović was present in the Krajina on a few occasions between December 1990 and April 1991, and on a more permanent basis between April and August 1991. Furthermore, in view of the Adjudicated Facts and the evidence of Witness DST-043, Mile Bosnić, and Milan Babić, as well as the Trial Chamber’s findings in chapter 6.3.2 and the evidence of Witness JF-031 and JF-039 in the same chapter, recalled above, the Trial Chamber finds that Dušan Orlović, who was the first chief of the Krajina DB, reported to the Serbian DB. 2158. Based on the Adjudicated Facts and the evidence of Milan Babić, the Trial Chamber finds that the existence of the SAO Krajina Police was formally confirmed by the 29 May 1991 decision of the SAO Krajina Assembly. The police was to function within the Krajina MUP but was placed under the authority of the Krajina Minister of Defence, the position then occupied by Martić. In view of the above, the Trial Chamber finds that the formation of the SAO Krajina Police was a process which lasted from late August 1990, when the barricades were raised around Knin, until 29 May 1991, when the formal decision on the establishment of the SAO Krajina Police was made. Case No. IT-03-69-T 771 30 May 2013
- Page 283 and 284: 49399 orders from the Serbian SDB.
- Page 285 and 286: 49397 MUP special unit directly con
- Page 287 and 288: 49395 Marić, had been killed. 4256
- Page 289 and 290: 49393 is unable to conclude that th
- Page 291 and 292: 49391 operation. In the absence of
- Page 293 and 294: 49389 300 men, and was stationed in
- Page 295 and 296: 49387 activities of the unit in Bar
- Page 297 and 298: 49385 finds that between late Augus
- Page 299 and 300: 49383 has received evidence from Wi
- Page 301 and 302: 49381 of Serbia in response to a re
- Page 303 and 304: 49379 October 1995), and that the S
- Page 305 and 306: 49377 2077. Witness JF-035, a Serb
- Page 307 and 308: 49375 with Rajo Božović. 4365 On
- Page 309 and 310: 49373 he only saw four of the per d
- Page 311 and 312: 49371 Vasilije Mijović, Dragan Fil
- Page 313 and 314: 49369 witness testified that the Sk
- Page 315 and 316: 49367 the Tara camp, and the genera
- Page 317 and 318: 49365 well as through documentary m
- Page 319 and 320: 49363 could be brought, although at
- Page 321 and 322: 49361 2118. Mile Bosnić testified
- Page 323 and 324: 49359 figure of a parallel structur
- Page 325 and 326: 49357 which he brought items in a b
- Page 327 and 328: 49355 JNA which had unlimited freed
- Page 329 and 330: 49353 Knin municipality, 4527 and f
- Page 331 and 332: 49351 2144. The Stanišić Defence
- Page 333: 49349 following the 1990 elections.
- Page 337 and 338: 49345 2163. Radoslav Maksić, a Ser
- Page 339 and 340: 49343 DST-043, a Serb from Knin, 45
- Page 341 and 342: 49341 issued in their names. 4604 T
- Page 343 and 344: 49339 Plaški to Bosnia, who had le
- Page 345 and 346: 49337 usually a civilian, designate
- Page 347 and 348: 49335 witness was involved in a tra
- Page 349 and 350: 49333 2193. The Trial Chamber has r
- Page 351 and 352: 49331 formal establishment on 29 Ma
- Page 353 and 354: 49329 Chamber observes that after i
- Page 355 and 356: 49327 6.6.4 The Accused failed to i
- Page 357 and 358: 49325 Ilija Končarević was appoin
- Page 359 and 360: 49323 accordance with these instruc
- Page 361 and 362: 49321 requested Milošević to orde
- Page 363 and 364: 49319 to the Accused. In the view o
- Page 365 and 366: 49317 Administration in Belgrade, a
- Page 367 and 368: 49315 2244. According to Witness JF
- Page 369 and 370: 49313 Selo, as it was the easiest w
- Page 371 and 372: 49311 receiving their salaries from
- Page 373 and 374: 49309 warehouse. Furthermore, in vi
- Page 375 and 376: 49307 command staff of the JNA. 482
- Page 377 and 378: 49305 Luković, “Žuča” and hi
- Page 379 and 380: 49303 Serb MUP would take care of t
- Page 381 and 382: 49301 contributions of state-owned
- Page 383 and 384: 49299 very close. Either way, recal
49347<br />
to assist during Belgrade’s demonstrations in March 1991. The Trial Chamber further<br />
considers that Mile Bosnić’s general statement that he did not see or hear of the involvement<br />
of the Serbian MUP, police, or Stanišić in the events that began as of late August 1990, does<br />
not, as such contradict the evidence about the support provided by the latter to Martić. This is<br />
in particular in view of the fact that Banija and Kordun, where the witness was based, had<br />
problems accepting Martić’s authority and the SDS in this area, including the witness, could<br />
therefore not have been aware of all Martić’s activities.<br />
2156. On the basis of the evidence of Radoslav Maksić and Milenko Sučević’s statement<br />
P2615, the Trial Chamber finds that the Serbian MUP provided the SAO Krajina Police with<br />
communications equipment. In view of Sučević’s reference to “Frenk” from the Serbian<br />
MUP, giving orders in relation to the communication equipment, the Trial Chamber finds that<br />
Simatović supplied the communication equipment to the SAO Krajina Police at least on one<br />
occasion in April 1991.<br />
2157. As to the presence of the Accused, in view of its finding in chapter 6.3.2 and the<br />
evidence of Milan Babić and Witness JF-039 reviewed above, the Trial Chamber finds that<br />
Jovica Stanišić was present in the area of Knin on at least two occasions between August<br />
1990 and April 1991, and Franko Simatović was present in the Krajina on a few occasions<br />
between December 1990 and April 1991, and on a more permanent basis between April and<br />
August 1991. Furthermore, in view of the Adjudicated Facts and the evidence of Witness<br />
DST-043, Mile Bosnić, and Milan Babić, as well as the Trial Chamber’s findings in chapter<br />
6.3.2 and the evidence of Witness JF-031 and JF-039 in the same chapter, recalled above, the<br />
Trial Chamber finds that Dušan Orlović, who was the first chief of the Krajina DB, reported<br />
to the Serbian DB.<br />
2158. Based on the Adjudicated Facts and the evidence of Milan Babić, the Trial Chamber<br />
finds that the existence of the SAO Krajina Police was formally confirmed by the 29 <strong>May</strong><br />
1991 decision of the SAO Krajina Assembly. The police was to function within the Krajina<br />
MUP but was placed under the authority of the Krajina Minister of Defence, the position then<br />
occupied by Martić. In view of the above, the Trial Chamber finds that the formation of the<br />
SAO Krajina Police was a process which lasted from late August 1990, when the barricades<br />
were raised around Knin, until 29 <strong>May</strong> 1991, when the formal decision on the establishment<br />
of the SAO Krajina Police was made.<br />
Case No. IT-03-69-T 771<br />
<strong>30</strong> <strong>May</strong> <strong>2013</strong>
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