Gotovina et al Judgement Volume I - ICTY
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Gotovina et al Judgement Volume I - ICTY

Gotovina et al Judgement Volume I - ICTY Gotovina et al Judgement Volume I - ICTY

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39211send clear operative reports to Červenko twice a day and state, inter alia, the problemsthat were emerging in the course of the operations. Based on the evidence of Repinć,Sačić, and Janić, the Trial Chamber finds that these reports were sent on Markač’sbehalf by the Internal Control Department, which operated in Gračac. When Markačwas not present in Gračac, these reports could nevertheless be sent on his behalf withhis name printed at the bottom of the report. On such instances he would be informed ofthe report on the following day by either Sačić or Janić. The Trial Chamber further findsthat Markač’s reports were in most instances identical in content to those of Sačić,which were based on the written or oral reports of the commanders of the unitsoperating on the ground.196. Based on the evidence of Rajčić, the Trial Chamber finds that pursuant to anorder of the Chief of the HV Main Staff passed on from Gotovina to Rajčić, on 3August 1995 the latter detached for operational purposes assets of the HV artillerygroup TS-5 to the Special Police. The detached artillery consisted of three 130-millimetre cannons from the Rovanksa area, three 122-millimetre Howitzers and one122-millimetre BM-21 launcher. On this basis, and considering Markač’s position asOperation Commander for the Special Police forces, the Trial Chamber finds that theseartillery assets were under Markač’s command and control.197. Based on the evidence of Repinć and Janić, the Trial Chamber finds that duringOperation Storm the Collective Special Police Forces did not have a clearly definedgeographical zone of responsibility, but operated between the areas of responsibility ofthe Gospić and Split MDs. The forces of the Gospić MD operated on the Special Policeforces’ left flank and the forces of the Split MD on its right.198. Finally, the Trial Chamber finds that, if Markač received information concerningcrimes allegedly committed by members of the Special Police, he was duty-bound toforward the information to the criminal police for further investigation. Based on theevidence of Janić and Galović, the Trial Chamber further finds that crimes committedby members of the Special Police fell under the jurisdiction of State Prosecutors. Basedon the evidence of Janić, the Trial Chamber finds that the filing of criminal charges didnot exclude the initiation of parallel disciplinary proceedings against the same SpecialPolice member. Based on the evidence of Cvrk and on P609, the Trial Chamber findsthat Markač could request the suspension of a Special Police member from his duty.104Case No.: IT-06-90-T 15 April 2011 `

392104. Crimes committed in municipalities (July-September 1995)4.1 Murders4.1.1 Overview of the charges199. The Indictment charges the Accused with murder as a crime against humanityand a violation of the laws or customs of war, from at least July 1995 to about 30September 1995, in the following municipalities: Donji Lapac, Drniš, Ervenik, Gračac,Kistanje, Knin, and Orlić. The Indictment also charges the Accused with murder as anunderlying act of the crime against humanity of persecution, during the same timeperiod, in the above-mentioned and the following municipalities: Benkovac, Civljane,Lišane Ostrovičke, Lisičić, Nadvoda, Obrovac, and Oklaj. As set out by the TrialChamber in its decision on the challenges of the Indictment and by the Trial Chamber inits decision with regard to the Further Clarification, the Indictment is not limited to themurder incidents set out in Schedule A and the Further Clarification of Identity ofVictims. 702200. On 27 March 2009, the Prosecution withdrew their allegations in relation toDanica Šarić under Scheduled Killing number 8, as well as victims 10-12, 82-83, 164-179, 216-217, 224, 234, 239, 243, 270, 300, and 318-319 from the FurtherClarification. 703 On 3 April 2009, the parties agreed that no evidence had been presentedwith regard to these incidents. 704 Furthermore, in their final brief the Prosecutionwithdrew their allegations in relation to Scheduled Killing number 5 and 6, as well asvictims 56, 140-141, 198, 200, 207, 214-215, 228, 246, and 320 from the FurtherClarification. 705 The Trial Chamber will therefore not consider these incidents.201. The Trial Chamber has received and considered evidence on a large number ofspecific incidents of alleged murder and disappearances. As discussed in chapter 2, itwill, however, here only address those incidents for which the evidence is sufficientlydetailed to consider whether a crime occurred and, if so, whether the affiliation of theprincipal perpetrator can be identified.702 Decision on Ante Gotovina’s Preliminary Motions Alleging Defects in the Forms of the JoinderIndictment, 19 March 2007, para. 44; Second Decision on Joint Defence Motion to Strike theProsecution’s Further Clarification of Identity of Victims, 2 March 2009, para. 8.703 Prosecution's Notification Regarding Murder Victims, 27 March 2009, Appendix A.704 T. 17621-17623.705 Prosecution’s Final Brief, 16 July 2010, p. 250, fn. 2375.105Case No.: IT-06-90-T 15 April 2011 `

392104. Crimes committed in municip<strong>al</strong>ities (July-September 1995)4.1 Murders4.1.1 Overview of the charges199. The Indictment charges the Accused with murder as a crime against humanityand a violation of the laws or customs of war, from at least July 1995 to about 30September 1995, in the following municip<strong>al</strong>ities: Donji Lapac, Drniš, Ervenik, Gračac,Kistanje, Knin, and Orlić. The Indictment <strong>al</strong>so charges the Accused with murder as anunderlying act of the crime against humanity of persecution, during the same timeperiod, in the above-mentioned and the following municip<strong>al</strong>ities: Benkovac, Civljane,Lišane Ostrovičke, Lisičić, Nadvoda, Obrovac, and Oklaj. As s<strong>et</strong> out by the Tri<strong>al</strong>Chamber in its decision on the ch<strong>al</strong>lenges of the Indictment and by the Tri<strong>al</strong> Chamber inits decision with regard to the Further Clarification, the Indictment is not limited to themurder incidents s<strong>et</strong> out in Schedule A and the Further Clarification of Identity ofVictims. 702200. On 27 March 2009, the Prosecution withdrew their <strong>al</strong>legations in relation toDanica Šarić under Scheduled Killing number 8, as well as victims 10-12, 82-83, 164-179, 216-217, 224, 234, 239, 243, 270, 300, and 318-319 from the FurtherClarification. 703 On 3 April 2009, the parties agreed that no evidence had been presentedwith regard to these incidents. 704 Furthermore, in their fin<strong>al</strong> brief the Prosecutionwithdrew their <strong>al</strong>legations in relation to Scheduled Killing number 5 and 6, as well asvictims 56, 140-141, 198, 200, 207, 214-215, 228, 246, and 320 from the FurtherClarification. 705 The Tri<strong>al</strong> Chamber will therefore not consider these incidents.201. The Tri<strong>al</strong> Chamber has received and considered evidence on a large number ofspecific incidents of <strong>al</strong>leged murder and disappearances. As discussed in chapter 2, itwill, however, here only address those incidents for which the evidence is sufficientlyd<strong>et</strong>ailed to consider wh<strong>et</strong>her a crime occurred and, if so, wh<strong>et</strong>her the affiliation of theprincip<strong>al</strong> perp<strong>et</strong>rator can be identified.702 Decision on Ante <strong>Gotovina</strong>’s Preliminary Motions Alleging Defects in the Forms of the JoinderIndictment, 19 March 2007, para. 44; Second Decision on Joint Defence Motion to Strike theProsecution’s Further Clarification of Identity of Victims, 2 March 2009, para. 8.703 Prosecution's Notification Regarding Murder Victims, 27 March 2009, Appendix A.704 T. 17621-17623.705 Prosecution’s Fin<strong>al</strong> Brief, 16 July 2010, p. 250, fn. 2375.105Case No.: IT-06-90-T 15 April 2011 `

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