30 May 2013 - ICTY

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2341. The Trial Chamber now turns to Simatović’s actions during the attack itself. Simatović
participated in and directed Unit members during the attack. 5013 In particular, Simatović
planned and participated in the use of an armoured train in the Lovinac area. Although
Witness JF-039 testified that the train had the objective of intimidating the villagers into
leaving Lovinac, the evidence does not clearly establish the manner in which the train was
used between Gračac and Lovinac or whether its use caused any villagers to leave
Lovinac. 5014 A report of 21 June 1991 signed or initialled by Simatović 5015 set out the purpose
of the train as being to protect the Gračac-Gospić axis and have the ability to target and attack
Lovinac. Simatović’s written report does not mention any intended effect on civilians. In light
of the foregoing, the majority, Judge Picard dissenting, is unable to determine with sufficient
certainty that Simatović participated in the use of an armoured train in the Lovinac area with
the specific objective of intimidating villagers into leaving.
2342. Finally, the Trial Chamber turns to the effects of the attack on Lovinac. In this respect,
the Trial Chamber recalls its conclusions in chapter 3.1.7 that the evidence does not establish
with sufficient certainty whether any persons left Lovinac during or immediately following
the June 1991 attack. The evidence instead indicated that the town remained under Croat
control in August and part of September 1991. The Trial Chamber will consider the absence
of evidence clearly establishing Simatović’s actions during the attack when attaching weight
to his participation in the discussion on the objectives prior to the attack. The Trial Chamber
will further address this factor below.
2343. The Trial Chamber now turns to the Prosecution’s submission that Simatović
personally participated in the attack on Vukovar. The Prosecution contends that Simatović
participated in a military planning meeting before the fall of Vukovar, that he commanded a
unit in operations around Vukovar, and that he joined in a celebration after the fall of the
city. 5016 All of these submissions are based on the testimony of Witness JF-033.
2344. Witness JF-033, an SRS volunteer in 1991 and member of the VJ in 1992 and
1993, 5017 testified that he recalled one specific meeting, just before the attack on Vukovar,
which was attended by, among others, Major Šljivančanin, Mile Mrkšić, Radovan Stojičić,
5013 See the Trial Chamber’s findings in chapters 3.1.7 and 6.3.2 in relation to Lovinac.
5014 The Trial Chamber refers to its discussion and conclusions in chapter 3.1.7 in relation to Lovinac.
5015 Reviewed in chapter 3.1.7.
5016 Prosecution Final Trial Brief, 14 December 2012, para. 697.
5017 P431 (Witness JF-033, prior transcript, 2-3 September 2003), pp. 11-12, 15; P432 (Pseudonym sheet of
Witness JF-033 in previous case); Witness JF-033, T. 4991.
Case No. IT-03-69-T 843
30 May 2013