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30 May 2013 - ICTY

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49254<br />

also rely on the evidence of Witness JF-057, who testified that “Arkan would always say that<br />

without orders from the DB, the state security, the Tigers were not deployed anywhere”. 5105<br />

2399. In chapter 6.7.5 the Trial Chamber considered the evidence of Witness JF-026 that<br />

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

the TO Staff for the Serbian Municipality of Zvornik, and that Pavlović was brought to Mali<br />

Zvornik by Rade Kostić at the end of 1991. The witness believed that Pavlović was from the<br />

“Serbian MUP intelligence” and noted that Pavlović at times referred to Kostić as “boss” or<br />

“chief”. In the same chapter, the Trial Chamber reviewed the evidence of Witness JF-061 that<br />

at the first meeting of the local population with the Serbs, Pavlović presented himself as a<br />

member of the Serbian DB, sent from Belgrade to fix the situation in Zvornik. On this basis,<br />

the Trial Chamber found that Pavlović “may have indeed worked for the Serbian DB”.<br />

2400. I have no doubt as to whether Pavlović worked for the Serbian DB. I recall to this<br />

effect the notes made by Mladić in his diary during the meeting of <strong>30</strong> June 1992 that Pavlović<br />

was in Knin and Borovo, and worked with Captain Dragan. 5106 The evidence of Witness JF-<br />

026 to the effect that Kostić “brought” Pavlović to Zvornik was found by the majority to be<br />

“vague” and liable to various interpretations. I also considered the evidence of Witness B-161<br />

set out in chapter 6.7.6 that Pavlović was seen on one occasion at the office of Milan<br />

Tepavčević, Stanišić’s deputy. In this respect, I took particular note of Witness B-161’s<br />

observation that Tepavčević had a “very close, quite close” relationship with Pavlović. In my<br />

view, the above statements by Witness JF-026 and Witness JF-061 establish the requisite link<br />

between Pavlović and the Serbian DB and, consequently, both Accused. My conclusion is<br />

also based on the Trial Chamber’s finding in chapter 6.7 that Kostić was an employee of the<br />

Serbian DB. In my view, Kostić and Pavlović’s aforementioned links with the DB suffice to<br />

show that they were sent to Zvornik by Stanišić in order to exercise control over the<br />

municipality and they sought to do so by committing crimes. These conclusions allow me to<br />

further conclude that Stanišić, using Kostić as a “tool”, placed Pavlović in a position of<br />

command of the Zvornik TO in order to further the purpose of the joint criminal enterprise.<br />

2401. In chapter 6.7.6 the Trial Chamber considered the evidence of Witness JF-026 to the<br />

effect that Kostić and Pavlović were involved in organising the transport of weapons, which<br />

took place when the ceasefire in Croatia was signed. According to Witness JF-026 in late<br />

5105 I refer to the Trial Chamber’s discussion of the evidence in chapter 6.4.4 in relation Bosnia-Herzegovina in<br />

1992.<br />

5106 Extract from Mladić Notebook, p. 7.<br />

Case No. IT-03-69-T 864<br />

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

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