30 May 2013 - ICTY
30 May 2013 - ICTY 30 May 2013 - ICTY
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
- 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 and 334: 49349 following the 1990 elections.
- Page 335 and 336: 49347 to assist during Belgrade’s
- 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
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- 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
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- Page 373: 49309 warehouse. Furthermore, in vi
- 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
- Page 385 and 386: 49297 6.8 Channels of communication
- Page 387 and 388: 49295 Milošević around 20 times.
- Page 389 and 390: 49293 Belgrade to take a particular
- Page 391 and 392: 49291 Bosnian-Serb Republic into th
- Page 393 and 394: 49289 left for us to do. […] Or w
- Page 395 and 396: 49287 contributions to the discussi
- Page 397 and 398: 49285 commission of crimes, and tha
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- Page 401 and 402: 49281 2328. In addition to the trai
- Page 403 and 404: 49279 cooperate with Milan Martić
- Page 405 and 406: 49277 conclude that Stanišić dire
- Page 407 and 408: 49275 2341. The Trial Chamber now t
- Page 409 and 410: 49273 2347. According to documentar
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- Page 415 and 416: 49267 7. Disposition 2362. The Tria
- Page 417 and 418: 49265 paramilitary operations beyon
- Page 419 and 420: 49263 arranging weapons and oversee
- Page 421 and 422: 49261 noted that Milošević was al
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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>