30 May 2013 - ICTY

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SBWS. There has been no conclusive evidence that it was the Serbian DB or the Accused,
and not the SJB of the Serbian MUP that remunerated these SJB officers and policemen.
Financing may have also been conducted through private donations. In relation to other
members of the SBWS police and TO, in the absence of any further evidence in this respect,
the majority, Judge Picard dissenting, is unable to conclude that the Accused directed and
organised the financing of the SBWS police and TO units.
6.7.4 The Accused failed to instruct the SBWS police and TO units to refrain from committing
unlawful acts
2261. According to the Indictment, the Accused failed to instruct the SBWS police and TO
units to refrain from committing unlawful acts. 4818 The Prosecution did not address these
charges in its Final Trial Brief.
2262. The Trial Chamber has not received any direct evidence on these allegations. As
specified in the present chapter, the Trial Chamber did not find that the links between the
Accused and the SBWS police and TO units were of such nature that they could give rise to
an obligation to instruct the SBWS police and TO units to refrain from committing unlawful
acts.
6.7.5 The Accused directed and organized the formation of the Zvornik TO units
2263. In its Final Trial Brief, the Prosecution submits that the Accused, through Kostić, sent
Marko Pavlović from the Serbian DB to Zvornik, where he was put in command of the local
TO and was in charge of all the armed forces and paramilitary units operating in Zvornik. 4819
It further submits that the fact that Pavlović was informed about the arrest of Legija and
others, and played a “key role” in securing their release, demonstrated his authority in the
Zvornik area. 4820 In relation to these allegations, the Trial Chamber has taken judicial notice
of Adjudicated Facts and has reviewed the relevant evidence.
2264. According to the Adjudicated Facts, the Zvornik SDS municipal board elected a crisis
staff for the municipality, consisting of leading SDS persons from Zvornik, and the municipal
4818 Indictment, paras 5, 15(c).
4819 Prosecution Final Trial Brief, 14 December 2012, paras 497-498.
4820 Prosecution Final Trial Brief, 14 December 2012, para. 497.
Case No. IT-03-69-T 810
30 May 2013