30 May 2013 - ICTY

30 May 2013 - ICTY 30 May 2013 - ICTY

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49308 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

49307 command staff of the JNA. 4821 On 5 April 1992, the Serb TO was mobilized pursuant to an order of the Serb crisis staff. 4822 2265. Witness JF-061, a Bosnian Muslim from a predominantly Muslim village of Kozluk in the municipality of Zvornik, 4823 testified that Zoran Subotić, one of Šešelj’s men, was the Zvornik TO commander from 5 to 13 April 1992. 4824 He was succeeded by Zoran Pažin, who held this position from 14 to 20 April 1992. Afterwards, Marko Pavlović became TO commander, and he remained in this position until the end of August 1992. 4825 2266. Witness JF-026, a Bosnian Serb from Zvornik, 4826 testified that on 28 April 1992, Branko Grujić, the head of the interim government, appointed Marko Pavlović commander of the TO Staff for the Serbian Municipality of Zvornik. 4827 On 26 June 1992, the interim government in Zvornik appointed Pavlović as the head of the military territorial command. 4828 According to Witness JF-026, Branko Popović, a.k.a. Marko Pavlović, was brought to Mali Zvornik by Rade Kostić at the end of 1991. 4829 In the beginning of March 1992, Pavlović arrived in Zvornik. 4830 Pavlović sometimes referred to Kostić as “boss” or “chief”. 4831 The witness believed that Pavlović was from the “Serbian MUP intelligence”. 4832 2267. Witness JF-061 testified that at the first meeting of local population with the Serbs, organized by the Muslim Crisis Committee, Pavlović presented himself as a member of the Serbian SDB, sent from Belgrade to fix the situation in Zvornik. 4833 Pavlović was uniformed 4821 Adjudicated facts IV, fact 245. 4822 Adjudicated facts IV, fact 312. 4823 P2129 (Witness JF-061, witness statement, 9 February 1998), pp. 1-2; P2130 (Witness JF-061, witness statement, 30 March 2002), p. 1; P2131 (Witness JF-061, witness statement, 6 May 2003), p. 1; P2132 (Witness JF-061, Slobodan Milošević transcript, 9 and 19 May 2003), p. 20615; P2133 (Summary of Witness JF-061 background), p. 1. 4824 P2130 (Witness JF-061, witness statement, 30 March 2002), p. 3. 4825 P2130 (Witness JF-061, witness statement, 30 March 2002), p. 3; Witness JF-061, T. 10924. 4826 P1700 (Witness JF-026, witness statement, 16 December 2008), para. 1; P1654 (Pseudonym sheet for Witness JF-026); P2507 (Background information on Witness JF-026). For the Trial Chamber’s discussion on Witness JF-026’s reliability, see chapter 3.8.2. 4827 P1700 (Witness JF-026, witness statement, 16 December 2008), paras 65-66; P1701 (Witness JF-026, Slobodan Milošević transcript, 23 and 26 May 2003, 5 June 2003), p. 21205; P2501 (Decision on formation of the TO Command of the Serb Municipality of Zvornik, Branko Grujić, 28 April 1992). 4828 P1393 (Decision of the Interim Government of the Serbian Municipality of Zvornik, 16 June 1992, signed by Branko Grujić). 4829 P1700 (Witness JF-026, witness statement, 16 December 2008), paras 41-42; P1701 (Witness JF-026, Slobodan Milošević transcript, 23 and 26 May 2003, 5 June 2003), pp. 21168-21169; Witness JF-026, T. 9685. 4830 P1700 (Witness JF-026, witness statement, 16 December 2008), para. 28. 4831 P1700 (Witness JF-026, witness statement, 16 December 2008), paras 41-42; D215 (Witness JF-026, Šešelj transcript, 12-13 January 2010), p. 14910; Witness JF-026, T. 9804-9805. 4832 P1700 (Witness JF-026, witness statement, 16 December 2008), para. 42. 4833 P2129 (Witness JF-061, witness statement, 9 February 1998), pp. 3-4; P2130 (Witness JF-061, witness statement, 30 March 2002), pp. 2, 7; P2132 (Witness JF-061, Slobodan Milošević transcript, 9 and 19 May 2003), p. 20676Witness JF-061, T. 10924, 10938, 10961. Case No. IT-03-69-T 811 30 May 2013

49<strong>30</strong>7<br />

command staff of the JNA. 4821 On 5 April 1992, the Serb TO was mobilized pursuant to an<br />

order of the Serb crisis staff. 4822<br />

2265. Witness JF-061, a Bosnian Muslim from a predominantly Muslim village of Kozluk<br />

in the municipality of Zvornik, 4823 testified that Zoran Subotić, one of Šešelj’s men, was the<br />

Zvornik TO commander from 5 to 13 April 1992. 4824 He was succeeded by Zoran Pažin, who<br />

held this position from 14 to 20 April 1992. Afterwards, Marko Pavlović became TO<br />

commander, and he remained in this position until the end of August 1992. 4825<br />

2266. Witness JF-026, a Bosnian Serb from Zvornik, 4826 testified that on 28 April 1992,<br />

Branko Grujić, the head of the interim government, appointed Marko Pavlović commander of<br />

the TO Staff for the Serbian Municipality of Zvornik. 4827 On 26 June 1992, the interim<br />

government in Zvornik appointed Pavlović as the head of the military territorial command. 4828<br />

According to Witness JF-026, Branko Popović, a.k.a. Marko Pavlović, was brought to Mali<br />

Zvornik by Rade Kostić at the end of 1991. 4829 In the beginning of March 1992, Pavlović<br />

arrived in Zvornik. 48<strong>30</strong> Pavlović sometimes referred to Kostić as “boss” or “chief”. 4831 The<br />

witness believed that Pavlović was from the “Serbian MUP intelligence”. 4832<br />

2267. Witness JF-061 testified that at the first meeting of local population with the Serbs,<br />

organized by the Muslim Crisis Committee, Pavlović presented himself as a member of the<br />

Serbian SDB, sent from Belgrade to fix the situation in Zvornik. 4833 Pavlović was uniformed<br />

4821 Adjudicated facts IV, fact 245.<br />

4822 Adjudicated facts IV, fact 312.<br />

4823 P2129 (Witness JF-061, witness statement, 9 February 1998), pp. 1-2; P21<strong>30</strong> (Witness JF-061, witness<br />

statement, <strong>30</strong> March 2002), p. 1; P2131 (Witness JF-061, witness statement, 6 <strong>May</strong> 2003), p. 1; P2132 (Witness<br />

JF-061, Slobodan Milošević transcript, 9 and 19 <strong>May</strong> 2003), p. 20615; P2133 (Summary of Witness JF-061<br />

background), p. 1.<br />

4824 P21<strong>30</strong> (Witness JF-061, witness statement, <strong>30</strong> March 2002), p. 3.<br />

4825 P21<strong>30</strong> (Witness JF-061, witness statement, <strong>30</strong> March 2002), p. 3; Witness JF-061, T. 10924.<br />

4826 P1700 (Witness JF-026, witness statement, 16 December 2008), para. 1; P1654 (Pseudonym sheet for<br />

Witness JF-026); P2507 (Background information on Witness JF-026). For the Trial Chamber’s discussion on<br />

Witness JF-026’s reliability, see chapter 3.8.2.<br />

4827 P1700 (Witness JF-026, witness statement, 16 December 2008), paras 65-66; P1701 (Witness JF-026,<br />

Slobodan Milošević transcript, 23 and 26 <strong>May</strong> 2003, 5 June 2003), p. 21205; P2501 (Decision on formation of<br />

the TO Command of the Serb Municipality of Zvornik, Branko Grujić, 28 April 1992).<br />

4828 P1393 (Decision of the Interim Government of the Serbian Municipality of Zvornik, 16 June 1992, signed by<br />

Branko Grujić).<br />

4829 P1700 (Witness JF-026, witness statement, 16 December 2008), paras 41-42; P1701 (Witness JF-026,<br />

Slobodan Milošević transcript, 23 and 26 <strong>May</strong> 2003, 5 June 2003), pp. 21168-21169; Witness JF-026, T. 9685.<br />

48<strong>30</strong> P1700 (Witness JF-026, witness statement, 16 December 2008), para. 28.<br />

4831 P1700 (Witness JF-026, witness statement, 16 December 2008), paras 41-42; D215 (Witness JF-026, Šešelj<br />

transcript, 12-13 January 2010), p. 14910; Witness JF-026, T. 9804-9805.<br />

4832 P1700 (Witness JF-026, witness statement, 16 December 2008), para. 42.<br />

4833 P2129 (Witness JF-061, witness statement, 9 February 1998), pp. 3-4; P21<strong>30</strong> (Witness JF-061, witness<br />

statement, <strong>30</strong> March 2002), pp. 2, 7; P2132 (Witness JF-061, Slobodan Milošević transcript, 9 and 19 <strong>May</strong><br />

2003), p. 20676Witness JF-061, T. 10924, 10938, 10961.<br />

Case No. IT-03-69-T 811<br />

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

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