30 May 2013 - ICTY

49305
Luković, “Žuča” and his brother “Repić”, and Miroslav Bogdanović. 4846 According to a
written statement purportedly taken by Serbian SDB officials in Belgrade from the
commander of the Yellow Wasps or “Igor Marković” unit, Vojin Vučković, and the
statements of Vojin and Dušan Vučković as accused in the Šabac District Court, on 8 April
1992, in Zvornik, Vojin, Duško, Zoran Rankić, Miroslav Bogdanović, and Ulemek were
arrested by Muslims, threatened and ill-treated, and exchanged the next day. 4847
2270. On the basis of the Adjudicated Facts and the evidence of Witness JF-061, the Trial
Chamber finds that the Zvornik TO, with its commander Zoran Subotić, was formed by the
Serb Crisis Staff on 5 April 1992. In view of Witness JF-026’s and Witness JF-061’s
evidence, the Trial Chamber finds that on 28 April 1992, Branko Grujić, head of the interim
government in Zvornik, appointed Marko Pavlović a.k.a. Branko Popović commander of the
Zvornik TO.
2271. The Prosecution submits that Kostić brought Marko Pavlović, who was a member of
the Serbian DB, to Zvornik. The Trial Chamber recalls its considerations on the relationship
between Radoslav Kostić and the Accused in chapter 6.7.2 and the underlying evidence to
that effect. In view of the evidence of Witness JF-026 and Witness JF-061, the majority,
Judge Picard dissenting, considers that Pavlović may have indeed worked for the Serbian DB.
In the view of the majority, Witness JF-026’s evidence to the effect that Kostić “brought”
Pavlović to Zvornik is vague and can be subjected to various interpretations. Either way,
recalling its discussion in chapter 6.7.2 about the attribution of the acts of the DB employees
to the Accused, the Trial Chamber considers that the mere fact that Kostić was a DB
employee and that Pavlović may have worked for the Serbian DB at the relevant time, 4848
does not mean that their acts can be attributed to the Accused. In the absence of any further
evidence in this respect, including insight to any communication between Kostić and Pavlović
on the one hand and the Accused on the other, or to content of any instruction coming from
the Accused, the majority, Judge Picard dissenting, is unable to determine the role of the
Accused, if any, in placing Pavlović in command of the Zvornik TO.
4846 P1700 (Witness JF-026, witness statement, 16 December 2008), para. 54; D215 (Witness JF-026, Šešelj
transcript, 12-13 January 2010), p. 15019; Witness JF-026, T. 9752-9754.
4847 P1190 (Statement of Vojin Vučković, signed by Vojin Vučković, 4 November 1993), p. 1; P1403 (Statement
regarding Vojin Vučković for the investigating judge of the Šabac District Court, signed by Vojin Vučković, 8
November 1993), p. 2; P1411 (Statement of Duško Vučković for investigating judge of the Šabac District
Court), pp. 1-2.
4848 Judge Picard dissents in this respect, being fully convinced about Pavlović’s employment at the Serbian DB.
Case No. IT-03-69-T 813
30 May 2013