30 May 2013 - ICTY
30 May 2013 - ICTY 30 May 2013 - ICTY
49634 1363. The Defence further argues that its interpretation is supported by the testimony of Aco Drača. The Trial Chamber considers that Aco Drača was head of the Benkovac Serbian DB and (according to his own testimony) cooperated with Franko Simatović in 1991. 2513 The Trial Chamber recalls that it did not consider Drača’s evidence in relation to the Korenica and Knin fortress camps reliable, as set out below. In view of the totality of the evidence, as further set out below, the Trial Chamber does not consider Drača’s evidence in relation to Franko Simatović’s activities in the SAO Krajina in 1991 to be reliable either. 1364. The Trial Chamber further considers that the evidence of Mile Bosnić and Witness JF- 031 that they did not see or only rarely saw Simatović at the Golubić camp does not necessarily support the Defence’s interpretation. In conclusion and as further explained below, the Trial Chamber does not consider it a reasonable interpretation of the evidence that Simatović’s activities in Knin were limited to monitoring Captain Dragan. 1365. Considering the totality of the evidence before it, 2514 the Trial Chamber finds that in January 1991, Milan Martić met Franko Simatović and Jovica Stanišić in Belgrade. Martić and Stanišić discussed sending instructors to the Golubić camp, including at least Dragan Filipović (known as Fico/Fićo/Fića), and Milan Radonjić (Medo). Martić and Stanišić agreed that Simatović would provide uniforms, salaries, and equipment for the training at Golubić. In March and/or April 1991, Franko Simatović met with Captain Dragan in Belgrade to discuss his engagement as a training instructor. 1366. Considering in particular the evidence of Babić, Witness JF-039, Witness JF-031, Witness C-015, and several documents, 2515 the Trial Chamber finds that from late April or early May to July 1991, Milan Martić, Franko Simatović, Dušan Orlović, and Captain Dragan cooperated in the establishment and operation of a training camp at Golubić. During this period, Stanišić and Simatović financed the training at the Golubić camp. Simatović also brought fuel, vehicles, supplies, and equipment to the camp. 1367. Based in particular on the evidence of several witnesses, 2516 as well as the documentary evidence set out above, the Trial Chamber finds that Captain Dragan provided training at the Golubić camp, together with his assistant Martin/Mark Lynch (known as Irac), 2513 Aco Drača, T. 16706-16711, 16898-16902. See also P1000 (Witness JF-031, Slobodan Milošević transcript, 14-15 April 2003), pp. 19177-19178, 19246. 2514 In particular the evidence of Witness JF-039, the documentary entitled “The Unit” (P2976), and an official note by Simatović’s (P3251). 2515 Including P1179, P1009; and P3251. 2516 Including Babić, Witness JF-039, Bosnić, Witness JF-031, Witness JF-005, Slišković, and Drača, Case No. IT-03-69-T 484 30 May 2013
49633 commander Živojin Ivanović (Žika or Crnogorac), and instructors Dragan Filipović (Fico/Fićo/Fića), Davor Subotić (Riki), Rajo Božović, and Zoran Raić. Other instructors included Ilija Vučković, Borjan Vučković (Boki), Dragan Olujić, Saša Medaković, Neven Laka, Slobodan Majstorović, Milan Andić, Boro Kovačević, Božo Božić, and Rade Božić. Milan Radonjić was present in the SAO Krajina, including in Knin, from around April through August in 1991. 1368. Considering the evidence before it, 2517 the Trial Chamber allows for the reasonable possibility that Captain Dragan established contacts and discussed training with SAO Krajina political leaders in late 1990 and early 1991, independently of the Serbian DB, as put forward by the Simatović Defence. 2518 The evidence 2519 also indicates that Captain Dragan was in contact with members of the SPO and Ministers Bogdanović and Šainović in early 1991. The Trial Chamber further allows for the reasonable possibility that the SAO Krajina police provided equipment, weaponry, and funding for the Golubić camp, as submitted by the Simatović Defence. 2520 However, the evidence of Captain Dragan’s early contacts in Belgrade and the SAO Krajina and the evidence of alternative sources of equipment, weaponry, and funding for the Golubić camp does not affect the Trial Chamber’s findings regarding Stanišić and Simatović’s meetings, discussions, and cooperation with Captain Dragan and financing and equipping of the Golubić camp from March or April 1991 to July 1991, as specified above. 1369. Based on the unrebutted Adjudicated Facts and the evidence before it, the Trial Chamber finds that training at Golubić was of a military character and included weapons and ambush training, as well as the treatment of POWs and the treatment of civilians in armed conflict. On average, training lasted approximately 20 days. Training groups consisted of between 40 and 100 trainees per group. A total of between 350 and 700 members 2521 of the SAO Krajina Police and the SAO Krajina TO were trained at Golubić between April and August 1991. Men who had trained at Golubić set up further units and trained other people in the SAO Krajina. The following persons received training at Golubić: Nikola Pilipović, Milenko Popović, Predrag Baklaić, Dragan Karna, Goran Opačić, Miloš Opačić, Jugoslav 2517 In particular, the SDB monitoring reports and the evidence of Drača. 2518 Simatović Defence Final Trial Brief, 14 December 2012 (Confidential), paras 276-287. 2519 In particular, the SDB monitoring reports. 2520 T. 20327-20328. 2521 The Trial Chamber bases this finding on the Adjudicated Facts and the evidence of Mile Bosnić and Witness JF-039, as well as the remarks by Dragan Vasiljković in the documentary “The Unit”, reviewed in relation to the Korenica and Knin fortress camps. The Trial Chamber does not consider Witness JF-031’s estimate of between 3,000 and 5,000 men to be reliable. Case No. IT-03-69-T 485 30 May 2013
- Page 1 and 2: IT-03-69-T D49681 - D49230 49681 UN
- Page 3 and 4: 49679 3.4.2 Incidents of deportatio
- Page 5 and 6: 49677 Operation Pauk November 1994-
- Page 7 and 8: 49675 5. The law on responsibility
- Page 9 and 10: 49673 According to the Appeals Cham
- Page 11 and 12: 49671 the plan be executed in the a
- Page 13 and 14: 49669 6. The Accused’s responsibi
- Page 15 and 16: 49667 criminal enterprise in Belgra
- Page 17 and 18: 49665 employ assets and methods, an
- Page 19 and 20: 49663 disclosed confidential inform
- Page 21 and 22: 49661 1281. In relation to the inve
- Page 23 and 24: 49659 1286. Based on the foregoing,
- Page 25 and 26: 49657 members of the unit did not i
- Page 27 and 28: 49655 Serb from Knin municipality,
- Page 29 and 30: 49653 1302. The Trial Chamber now t
- Page 31 and 32: 49651 further engagement. Simatovi
- Page 33 and 34: 49649 the media portrayed the train
- Page 35 and 36: 49647 Captain Dragan provided train
- Page 37 and 38: 49645 Crnogorac), Dragan Pupovac, a
- Page 39 and 40: 49643 witness, the MUP in Knin and
- Page 41 and 42: 49641 Knin, though he knew he had s
- Page 43 and 44: 49639 back to their original police
- Page 45 and 46: 49637 but then returned to the Kraj
- Page 47: 49635 1360. Contrary to the Defence
- Page 51 and 52: 49631 Knin Fortress and Korenica ca
- Page 53 and 54: 49629 written autobiographies, Mile
- Page 55 and 56: 49627 1390. Witness JF-039 testifie
- Page 57 and 58: 49625 fortress between October and
- Page 59 and 60: 49623 1401. The Trial Chamber now t
- Page 61 and 62: 49621 formed, its core was made up
- Page 63 and 64: 49619 remained under Martić’s co
- Page 65 and 66: 49617 Serbian MUP. 2631 One of thes
- Page 67 and 68: 49615 1991. The Trial Chamber under
- Page 69 and 70: 49613 organized the financing, trai
- Page 71 and 72: 49611 they were candidates for the
- Page 73 and 74: 49609 1438. A few days after their
- Page 75 and 76: 49607 Mijović, Captain Dragiša Gr
- Page 77 and 78: 49605 majority of the lists. 2708 S
- Page 79 and 80: 49603 and bring them the money. 272
- Page 81 and 82: 49601 logically fit into a sequence
- Page 83 and 84: 49599 terrorist platoon who would s
- Page 85 and 86: 49597 the unit that he had met with
- Page 87 and 88: 49595 Western Srem. 2794 In a form
- Page 89 and 90: 49593 and berets as well as other i
- Page 91 and 92: 49591 admitting new volunteers into
- Page 93 and 94: 49589 of the “Special Unit of the
- Page 95 and 96: 49587 1490. The Trial Chamber will
- Page 97 and 98: 49585 1494. The Stanišić Defence
49634<br />
1363. The Defence further argues that its interpretation is supported by the testimony of Aco<br />
Drača. The Trial Chamber considers that Aco Drača was head of the Benkovac Serbian DB<br />
and (according to his own testimony) cooperated with Franko Simatović in 1991. 2513 The<br />
Trial Chamber recalls that it did not consider Drača’s evidence in relation to the Korenica and<br />
Knin fortress camps reliable, as set out below. In view of the totality of the evidence, as<br />
further set out below, the Trial Chamber does not consider Drača’s evidence in relation to<br />
Franko Simatović’s activities in the SAO Krajina in 1991 to be reliable either.<br />
1364. The Trial Chamber further considers that the evidence of Mile Bosnić and Witness JF-<br />
031 that they did not see or only rarely saw Simatović at the Golubić camp does not<br />
necessarily support the Defence’s interpretation. In conclusion and as further explained<br />
below, the Trial Chamber does not consider it a reasonable interpretation of the evidence that<br />
Simatović’s activities in Knin were limited to monitoring Captain Dragan.<br />
1365. Considering the totality of the evidence before it, 2514 the Trial Chamber finds that in<br />
January 1991, Milan Martić met Franko Simatović and Jovica Stanišić in Belgrade. Martić<br />
and Stanišić discussed sending instructors to the Golubić camp, including at least Dragan<br />
Filipović (known as Fico/Fićo/Fića), and Milan Radonjić (Medo). Martić and Stanišić agreed<br />
that Simatović would provide uniforms, salaries, and equipment for the training at Golubić. In<br />
March and/or April 1991, Franko Simatović met with Captain Dragan in Belgrade to discuss<br />
his engagement as a training instructor.<br />
1366. Considering in particular the evidence of Babić, Witness JF-039, Witness JF-031,<br />
Witness C-015, and several documents, 2515 the Trial Chamber finds that from late April or<br />
early <strong>May</strong> to July 1991, Milan Martić, Franko Simatović, Dušan Orlović, and Captain Dragan<br />
cooperated in the establishment and operation of a training camp at Golubić. During this<br />
period, Stanišić and Simatović financed the training at the Golubić camp. Simatović also<br />
brought fuel, vehicles, supplies, and equipment to the camp.<br />
1367. Based in particular on the evidence of several witnesses, 2516 as well as the<br />
documentary evidence set out above, the Trial Chamber finds that Captain Dragan provided<br />
training at the Golubić camp, together with his assistant Martin/Mark Lynch (known as Irac),<br />
2513 Aco Drača, T. 16706-16711, 16898-16902. See also P1000 (Witness JF-031, Slobodan Milošević transcript,<br />
14-15 April 2003), pp. 19177-19178, 19246.<br />
2514 In particular the evidence of Witness JF-039, the documentary entitled “The Unit” (P2976), and an official<br />
note by Simatović’s (P3251).<br />
2515 Including P1179, P1009; and P3251.<br />
2516 Including Babić, Witness JF-039, Bosnić, Witness JF-031, Witness JF-005, Slišković, and Drača,<br />
Case No. IT-03-69-T 484<br />
<strong>30</strong> <strong>May</strong> <strong>2013</strong>
Change language