30 May 2013 - ICTY
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30 May 2013 - ICTY

30 May 2013 - ICTY 30 May 2013 - ICTY

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49298 6.7.7 The Accused failed to instruct the Zvornik TO units to refrain from committing unlawful acts 2288. According to the Indictment, the Accused failed to instruct the Zvornik TO units to refrain from committing unlawful acts. 4890 The Prosecution did not address these charges in its Final Trial Brief. 2289. The Trial Chamber has not received any specific evidence in this respect. As specified in the present chapter, the Trial Chamber did not find that the links between the Accused and the Zvornik TO were of such nature that they could give rise to an obligation to instruct the Zvornik TO to refrain from committing unlawful acts. 4890 Indictment, paras 5, 15(c). Case No. IT-03-69-T 820 30 May 2013

49297 6.8 Channels of communication 2290. According to the Indictment, the Accused participated in the joint criminal enterprise by providing “channels of communication” between and among its core members in Belgrade, in the specific regions, and locally throughout the Indictment period. 4891 In its Final Trial Brief, the Prosecution argue specifically that Stanišić served as a channel of communication between Milošević, on the one hand, and Martić and Babić, on the other; between Milošević, on the one hand, and Hadžić and the RSK government, on the other; and between Milošević and Karadžić. 4892 With regard to Simatović, the Prosecution argue that he served as a channel of communication through intelligence-gathering. 4893 In that capacity, both of the Accused coordinated a large, geographically dispersed and multi-faceted joint criminal enterprise composed of powerful personalities who were aligned along the common criminal purpose. 4894 The Trial Chamber understands the allegation in this respect to mean that the Accused enabled, or at least greatly facilitated contact between the alleged members of the joint criminal enterprise. 2291. Besides the evidence reviewed below, the Trial Chamber has also considered the evidence on contacts between the Accused and other alleged members of the joint criminal enterprise reviewed in other sections of the Judgement, including the evidence on the contacts between Martić and the Accused reviewed in chapters 6.3.2 in relation to the Golubić camp and chapter 6.6.2. 2292. With regard to serving as a channel of communication between Milošević, on the one hand, and Martić and Babić, on the other, the Trial Chamber has considered relevant evidence of, inter alia, Witness JF-039, Milan Babić, and documentary material. 2293. Witness JF-039, a Serb from Croatia, 4895 testified that in late November or early December 1990, a group of expert technicians from the Serbian DB came to Knin and at this time, Martić was provided with a direct telephone line to Stanišić. 4896 Simatović was also present at this visit in Krajina. 4897 According to the witness, around this time “it was 4891 Indictment, para. 15 (a). 4892 Prosecution Final Trial Brief, 14 December 2012, paras 187, 669-681. 4893 Prosecution Final Trial Brief, 14 December 2012, paras 192, 682-684. 4894 Prosecution Final Trial Brief, 14 December 2012, paras 187-189, 192, 668-682, 729, 734. 4895 P978 (Witness JF-039, witness statement, 12 September 2003), p. 1, paras 1, 5, 23; P977 (Witness JF-039, prior testimony), pp. 1958-1959. 4896 P978 (Witness JF-039, witness statement, 12 September 2003), paras 22, 26; P977 (Witness JF-039, prior testimony), pp. 1992, 1996, 2085-2086; Witness JF-039, T. 7345. 4897 P977 (Witness JF-039, prior testimony), pp. 1991-1992; Witness JF-039, T. 7345. Case No. IT-03-69-T 821 30 May 2013

49298<br />

6.7.7 The Accused failed to instruct the Zvornik TO units to refrain from committing unlawful<br />

acts<br />

2288. According to the Indictment, the Accused failed to instruct the Zvornik TO units to<br />

refrain from committing unlawful acts. 4890 The Prosecution did not address these charges in<br />

its Final Trial Brief.<br />

2289. The Trial Chamber has not received any specific evidence in this respect. As specified<br />

in the present chapter, the Trial Chamber did not find that the links between the Accused and<br />

the Zvornik TO were of such nature that they could give rise to an obligation to instruct the<br />

Zvornik TO to refrain from committing unlawful acts.<br />

4890 Indictment, paras 5, 15(c).<br />

Case No. IT-03-69-T 820<br />

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

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