30 May 2013 - ICTY

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worked for the Serbian MUP, first for the Public Security Organ and later for the SDB. The
Trial Chamber considers that the mere fact that a person was employed by the Serbian DB at
the relevant time, does not mean that his or her acts can be attributed to the Accused. In this
respect, the Trial Chamber further recalls its findings with regard to the position and powers
of the Accused in chapters 6.2.1 and 6.2.2, in particular that Jovica Stanišić held the position
of deputy chief of the Serbian DB and that he only became the chief of the Serbian DB on 31
December 1991. The Trial Chamber also notes that Kojić’s employment at the Serbian MUP
began in November 1991, that is after the SBWS police and TO forces were formed, and at
the time when he was no longer at the command of the SBWS TO. 4727 The Trial Chamber
further recalls the evidence of Witness JF-032 reviewed in chapter 6.9, that Stanišić arrived to
Dalj in late September 1991 to discuss the situation of Vukovar with inter alia Hadžić, and
that he was accompanied by Kojić and Kostić. As concluded in that chapter, the Trial
Chamber has received no evidence about what was discussed at this meeting. Having further
reviewed the general statements of Borislav Bogunović, Milenko Lemić and Intelligence
Report P1652, the majority, Judge Picard dissenting, considers that it has not received
conclusive evidence that in his capacity as TO commander, Kojić was influenced by, or acted
at the orders or instructions of the Accused. The picture is further complicated by the
testimony of Borislav Bogunović who, on the one hand, believed that there were some links
between Kojić and Stanišić, but, on the other hand, testified that Kojić could not do anything
without JNA’s approval.
2234. In relation to Radoslav/Ante Kostić, the Trial Chamber considers that the evidence of
Witness JF-032 about Kostić’s superior position in the SBWS at the time lacks sufficient
foundation and is difficult to reconcile with the testimony of Borislav Bogunović.
Furthermore, remaining cautious of the credibility of what Slobodan Milošević told Martić,
the Trial Chamber notes that Milošević expressed unawareness of any alleged link between
Stanišić and Kostić. Based on the evidence before it, the Trial Chamber observes that at the
relevant time Kostić worked for the SBWS police and was also an employee of the Serbian
DB. 4728 As explained above, the Trial Chamber considers that the mere fact that Kostić was
employed by the Serbian DB at the relevant time, does not mean that his acts can be attributed
4726 For example, Borislav Bogunović testified that he was Minister of Defence and Witness JF-015 testified that
he was deputy Minister of Interior.
4727 For the Trial Chamber’s discussion on Badža taking over the command of the SBWS TO and police see
chapter 6.7.3.
4728 This is consistent with the Stanišić Defence submissions that Kostić had certain information-gathering
obligations towards the DB as an operative. See chapter 6.4.4 in relation to Boznia-Herzegovina in 1992.
Case No. IT-03-69-T 798
30 May 2013