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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39203Tribunal for the Former Yugoslavia as a Forensic Pathologist in July 1999 and fromOctober to November 1999, and as Chief Forensic Pathologist from March 2000 toNovember 2000, 759 testified that the injury to the head was more likely to have beencaused by a gunshot than an explosion. 760 Milan Ilić stated that Ruža Bibić normallywore a pair of plastic shoes and a button-up dress. 761 According to their reports oncircumstances of death, which are based at least in part on information provided byRade Bibić’s son Ðuro Bibić and Stevo Ajduković’s son Milan Ajduković, Rade Bibićand Stevo Ajduković, both Serbs, died in Oraovac on 4 September 1995. 762 The witnessalso stated that he knew that the bodies of Stevo Ajduković and Rade Bibić had beenpositively identified. 763 The names of Stevo Ajduković, Rade Bibić, and Marko Ilić arealso on a list of identified individuals whose mortal remains were exhumed in Gračac. 764213. In addition to the evidence above, the Trial Chamber has considered evidence ofJosip Čelić (reviewed in chapter 4.4.7), Josip Turkalj (reviewed in chapter 4.4.7),Zdravko Janić (reviewed in chapter 4.4.7), Željko Sačić (reviewed in chapter 4.2.4),Davorin Pavlović (reviewed in chapter 4.2.4), Dražen Vitez (reviewed in chapter 4.2.4),Witness 82 (reviewed in chapter 4.2.4), and Ivan Herman (reviewed in chapter 4.2.4) inrelation to Scheduled Killing number 10. The Trial Chamber has further consideredportions of the suspect/accused interviews of Mladen Markač (reviewed in chapter4.2.4).214. Based on the evidence received, the Trial Chamber finds that on 7 August 1995,around 1 p.m., in Oraovac, a number of persons wearing uniforms gathered Milan Ilić,Marko Ilić, Rade Bibić, Ruža Bibić, and Stevo Ajduković, who were all wearingcivilian clothes. Milan and Marko Ilić were unarmed. A person wearing a grey-greenuniform ordered the group to proceed in the direction of Gornji Lapac, to the east ofOraovac, and walked in front of them. Around 50 metres west of the last house inOraovac, Milan Ilić ran away from the group and hid in a bush. Shortly thereafter,Milan Ilić heard two sets of four shots fired from the direction the group was walking759 Eric Baccard, T. 15740-15742; P2313 (Curriculum Vitae of Dr. Eric Baccard, 3 October 2008), p. 2;P2314 (Redacted Report on Autopsies of Victims Exhumed from Korenica and Gračac in 2002, 6 June2003), p. 4.760 P2314 (Redacted Report on Autopsies of Victims Exhumed from Korenica and Gračac in 2002, 6 June2003), pp. 55-56.761 P726 (Milan Ilić, witness statement, 25 March 2005), para. 21.762 P733 (Report on circumstances of death of Rade Bibić, 5 June 2003), pp. 1-2; P736 (Report oncircumstances of death of Stevo Ajduković, 5 June 2003), pp. 1-2.763 P726 (Milan Ilić, witness statement, 25 March 2005), para. 21.764 P729 (List of identified individuals whose mortal remains were exhumed).112Case No.: IT-06-90-T 15 April 2011 `

39202in. On 4 September 1995, four sets of remains were found 50 metres east of the lasthouse in Oraovac.215. The autopsy report stated that the wallet and identification of Marko Ilić werefound on one of the bodies, which belonged to a 65-75-year-old male. The TrialChamber notes that the report on circumstances of death of Marko Ilić suggests that hedied on 5 August 1995. However, the report is based at least in part on informationprovided by a relative, whose source of knowledge is unclear. Based on the date thebody was found, its location, the identification found on the body, and the gender andestimated age of the body, combined with Milan Ilić’s testimony, the Trial Chamberconcludes that this body belonged to Marko Ilić.216. The autopsy report further stated that a second set of remains belonged to a 60-80-year-old female and was dressed in a buttoned-up dress and a rubber shoe.According to Milan Ilić, Ruža Bibić was a little younger than 77 or 78 years old andnormally wore a buttoned-up dress and plastic shoes. Considering the date the body wasfound, its location and proximity to the remains of Marko Ilić, and the gender, estimatedage, and clothing of the body, combined with Milan Ilić’s testimony, the Trial Chamberconcludes that this body belonged to Ruža Bibić. The autopsy report further stated thatthe two other sets of remains belonged to a 55-65-year-old male, and a 40-60-year-oldmale. According to Milan Ilić, Rade Bibić was 77 or 78 years old and Stevo Ajdukovićwas 59 or 60 years old. The Trial Chamber notes that the reports on circumstances ofdeath of Rade Bibić and Stevo Ajduković suggest that they died in September 1995.However, these reports are based at least in part on information provided by relatives,whose sources of knowledge are unclear. Despite the inconsistencies regarding theestimated age of one of the bodies and the reported dates of death of Rade Bibić andStevo Ajduković, considering the bodies’ genders, the date they were found, theirlocation and proximity to each other and to the bodies of Marko Ilić and Ruža Bibić,combined with Milan Ilić’s testimony, the Trial Chamber concludes that these twobodies belonged to Rade Bibić and Stevo Ajduković.217. The gunshot injuries to the heads of three of the bodies, their geographiclocation, and their proximity to each other are consistent with Milan Ilić’s testimony.Consequently, the Trial Chamber finds that, shortly after a person wearing a grey-greenuniform ordered them to walk away from Oraovac, at least one of the persons inuniform present in Oraovac shot Marko Ilić, Rade Bibić and Ruža Bibić, thereby killing113Case No.: IT-06-90-T 15 April 2011 `

39202in. On 4 September 1995, four s<strong>et</strong>s of remains were found 50 m<strong>et</strong>res east of the lasthouse in Oraovac.215. The autopsy report stated that the w<strong>al</strong>l<strong>et</strong> and identification of Marko Ilić werefound on one of the bodies, which belonged to a 65-75-year-old m<strong>al</strong>e. The Tri<strong>al</strong>Chamber notes that the report on circumstances of death of Marko Ilić suggests that hedied on 5 August 1995. However, the report is based at least in part on informationprovided by a relative, whose source of knowledge is unclear. Based on the date thebody was found, its location, the identification found on the body, and the gender andestimated age of the body, combined with Milan Ilić’s testimony, the Tri<strong>al</strong> Chamberconcludes that this body belonged to Marko Ilić.216. The autopsy report further stated that a second s<strong>et</strong> of remains belonged to a 60-80-year-old fem<strong>al</strong>e and was dressed in a buttoned-up dress and a rubber shoe.According to Milan Ilić, Ruža Bibić was a little younger than 77 or 78 years old andnorm<strong>al</strong>ly wore a buttoned-up dress and plastic shoes. Considering the date the body wasfound, its location and proximity to the remains of Marko Ilić, and the gender, estimatedage, and clothing of the body, combined with Milan Ilić’s testimony, the Tri<strong>al</strong> Chamberconcludes that this body belonged to Ruža Bibić. The autopsy report further stated thatthe two other s<strong>et</strong>s of remains belonged to a 55-65-year-old m<strong>al</strong>e, and a 40-60-year-oldm<strong>al</strong>e. According to Milan Ilić, Rade Bibić was 77 or 78 years old and Stevo Ajdukovićwas 59 or 60 years old. The Tri<strong>al</strong> Chamber notes that the reports on circumstances ofdeath of Rade Bibić and Stevo Ajduković suggest that they died in September 1995.However, these reports are based at least in part on information provided by relatives,whose sources of knowledge are unclear. Despite the inconsistencies regarding theestimated age of one of the bodies and the reported dates of death of Rade Bibić andStevo Ajduković, considering the bodies’ genders, the date they were found, theirlocation and proximity to each other and to the bodies of Marko Ilić and Ruža Bibić,combined with Milan Ilić’s testimony, the Tri<strong>al</strong> Chamber concludes that these twobodies belonged to Rade Bibić and Stevo Ajduković.217. The gunshot injuries to the heads of three of the bodies, their geographiclocation, and their proximity to each other are consistent with Milan Ilić’s testimony.Consequently, the Tri<strong>al</strong> Chamber finds that, shortly after a person wearing a grey-greenuniform ordered them to w<strong>al</strong>k away from Oraovac, at least one of the persons inuniform present in Oraovac shot Marko Ilić, Rade Bibić and Ruža Bibić, thereby killing113Case No.: IT-06-90-T 15 April 2011 `

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