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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39201them. The forensic evidence does not establish whether the injury to Stevo Ajduković’sbody was caused by a gunshot or an explosion. Nonetheless, considering that StevoAjduković was last seen with Marko Ilić, Rade Bibić, and Ruža Bibić on 7 August 1995shortly before they were killed, and that his body was found in close proximity to theirbodies at the same location as where they were last seen, the Trial Chamber finds that atleast one of the persons in uniform present in Oraovac also killed Stevo Ajduković.Based on their reports of circumstances of death, the Trial Chamber finds that MarkoIlić, Rade Bibić, and Stevo Ajduković were of Serb ethnicity. Considering that thepersons in uniform referred to the group as “chetniks”, that her husband was Serb, andthat according to the 1991 Population Census 294 out of 303 inhabitants in 1991 wereSerb, the Trial Chamber finds that Ruža Bibić was also of Serb ethnicity.218. The person who ordered the group to walk away from Oraovac wore a greygreenuniform and also threatened and cursed the group, calling them “Chetniks” MilanIlić further described seeing some 200 persons in Oraovac on 7 August 1995, wearinggrey-green, plain grey, or camouflage uniforms, some with V-shaped insignia of sprigsor branches on the upper arm and collar, some with coloured ribbons, including blueribbons, on their epaulets, and some with checkerboards on caps worn under theirepaulets. Željko Sačić testified that on 7 August 1995 300-400 Special Police troopsmoved from Bruvno via Kovačevići, both in Gračac municipality, past Oraovac, toDonji Lapac, where they arrived around 2 p.m. According to witnesses Josip Čelić,Josip Turkalj, Davorin Pavlović, Dražen Vitez, Ivan Herman, Zdravko Janić, andWitness 82, Special Police units moved through Bruvno and arrived in Donji Lapacearly in the afternoon, and HV units followed later that afternoon or evening. SpecialPolice records (including exhibits P2383 and D1897) report that the Special Police tookcontrol of Zalužje early that afternoon. The Trial Chamber notes that the plain grey andgrey-green uniforms observed by Milan Ilić in Oraovac appear to correspond withevidence reviewed in Chapter 3.3 of a uniform worn by the Special Police duringOperation Storm. Based on this evidence, considering in particular the presence ofSpecial Police units near Oraovac in the early afternoon on 7 August 1995 and that theperson who ordered the group to walk away from Oraovac wore a grey-green uniform,the Trial Chamber finds that the person or persons who killed Marko Ilić, Rade Bibić,Ruža Bibić, and Stevo Ajduković were members of the Special Police. The Trial114Case No.: IT-06-90-T 15 April 2011 `

39200Chamber will further consider this incident in relation to Counts 1, 6, and 7 of theIndictment in Chapters 5.3.2 and 5.8.2 (b) below.4.1.5 Drniš municipality219. The Trial Chamber has received no, or insufficient, relevant evidence withregard to alleged murders in Drniš municipality.4.1.6 Ervenik municipalityMarta Vujnović, Stevo Vujnović, and Marija Vujnović (Schedule no. 9; FurtherClarification no. 17)220. The Trial Chamber has received relevant evidence with regard to the allegedmurder of Marta Vujnović, Stevo Vujnović, and Marija Vujnović primarily through thetestimonies of Jovan Vujinović, Petar Knežević, and Petro Romassev, and throughforensic documentation. According to the 1991 Population Census, the population ofOton, in Ervenik municipality, consisted of 692 Serbs out of a total of 699 persons in1991. 765221. Jovan Vujinović, a Serb from the hamlet Oton Polje in Ervenik municipality, 766testified that sometime on 4 August 1995, RSK officials, some wearing militaryuniform and most of them locals, told the people in the hamlet that “Ustashi” forceswere coming and that they had to leave. 767 They also provided fuel to persons who hadvehicles, for the purpose of leaving. 768 The witness’s family, with the exception ofhimself and his mother, Marta Vujnović née Knežević (born 1910), left the hamlet onthis day. 769 According to him most of the 200 inhabitants of the hamlet, who were allSerbs, left on 4 and 5 August 1995 and only four or five men and 13 womenremained. 770 Most of the people remaining were elderly and the witness, at the age of765 C5 (State Bureau of Statistics Population Census of 1991, National Structure of the Population ofCroatia According to Settlement), p. 110.766 P412 (Jovan Vujinović, witness statement, 20 January 1999), pp. 1-2; P414 (Jovan Vujinović, witnessstatement, 4 April 2007), para. 2; Jovan Vujinović, T. 4554.767 P414 (Jovan Vujinović, witness statement, 4 April 2007), para. 3; Jovan Vujinović, T. 4566-4567.768 P414 (Jovan Vujinović, witness statement, 4 April 2007), para. 3; Jovan Vujinović, T. 4566.769 P412 (Jovan Vujinović, witness statement, 20 January 1999), p. 2; P413 (Jovan Vujinović, witnessstatement, 12 October 2004), para. 1; P414 (Jovan Vujinović, witness statement, 4 April 2007), para. 4.770 P412 (Jovan Vujinović, witness statement, 20 January 1999), pp. 2-3; P414 (Jovan Vujinović, witnessstatement, 4 April 2007), para. 3; Jovan Vujinović, T. 4557; D386 (Jovan Vujinović, supplementalinformation sheet, 4 June 2008), p. 1.115Case No.: IT-06-90-T 15 April 2011 `

39200Chamber will further consider this incident in relation to Counts 1, 6, and 7 of theIndictment in Chapters 5.3.2 and 5.8.2 (b) below.4.1.5 Drniš municip<strong>al</strong>ity219. The Tri<strong>al</strong> Chamber has received no, or insufficient, relevant evidence withregard to <strong>al</strong>leged murders in Drniš municip<strong>al</strong>ity.4.1.6 Ervenik municip<strong>al</strong>ityMarta Vujnović, Stevo Vujnović, and Marija Vujnović (Schedule no. 9; FurtherClarification no. 17)220. The Tri<strong>al</strong> Chamber has received relevant evidence with regard to the <strong>al</strong>legedmurder of Marta Vujnović, Stevo Vujnović, and Marija Vujnović primarily through th<strong>et</strong>estimonies of Jovan Vujinović, P<strong>et</strong>ar Knežević, and P<strong>et</strong>ro Romassev, and throughforensic documentation. According to the 1991 Population Census, the population ofOton, in Ervenik municip<strong>al</strong>ity, consisted of 692 Serbs out of a tot<strong>al</strong> of 699 persons in1991. 765221. Jovan Vujinović, a Serb from the haml<strong>et</strong> Oton Polje in Ervenik municip<strong>al</strong>ity, 766testified that som<strong>et</strong>ime on 4 August 1995, RSK offici<strong>al</strong>s, some wearing militaryuniform and most of them loc<strong>al</strong>s, told the people in the haml<strong>et</strong> that “Ustashi” forceswere coming and that they had to leave. 767 They <strong>al</strong>so provided fuel to persons who hadvehicles, for the purpose of leaving. 768 The witness’s family, with the exception ofhimself and his mother, Marta Vujnović née Knežević (born 1910), left the haml<strong>et</strong> onthis day. 769 According to him most of the 200 inhabitants of the haml<strong>et</strong>, who were <strong>al</strong>lSerbs, left on 4 and 5 August 1995 and only four or five men and 13 womenremained. 770 Most of the people remaining were elderly and the witness, at the age of765 C5 (State Bureau of Statistics Population Census of 1991, Nation<strong>al</strong> Structure of the Population ofCroatia According to S<strong>et</strong>tlement), p. 110.766 P412 (Jovan Vujinović, witness statement, 20 January 1999), pp. 1-2; P414 (Jovan Vujinović, witnessstatement, 4 April 2007), para. 2; Jovan Vujinović, T. 4554.767 P414 (Jovan Vujinović, witness statement, 4 April 2007), para. 3; Jovan Vujinović, T. 4566-4567.768 P414 (Jovan Vujinović, witness statement, 4 April 2007), para. 3; Jovan Vujinović, T. 4566.769 P412 (Jovan Vujinović, witness statement, 20 January 1999), p. 2; P413 (Jovan Vujinović, witnessstatement, 12 October 2004), para. 1; P414 (Jovan Vujinović, witness statement, 4 April 2007), para. 4.770 P412 (Jovan Vujinović, witness statement, 20 January 1999), pp. 2-3; P414 (Jovan Vujinović, witnessstatement, 4 April 2007), para. 3; Jovan Vujinović, T. 4557; D386 (Jovan Vujinović, supplement<strong>al</strong>information she<strong>et</strong>, 4 June 2008), p. 1.115Case No.: IT-06-90-T 15 April 2011 `

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