Gotovina et al Judgement Volume I - ICTY

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

12.07.2015 Views

39195Ivan. 823 According to a report of the Zagreb Institute for Forensic Medicine, dated 5October 2004 and based on details provided by Stevo’s brother Ðuro Vujnović, StevoVujnović, a Serb and son of Ivan, died on 25 August 1995. 824 The Chamber considersthat the date of birth set out in exhibit P2004 is not the actual date of birth but merelyindicates that this information was unknown to the drafter of the document, also sinceJovan Vujinović testified that Stevo was born in 1939.226. Based on the evidence received, the Trial Chamber finds that Marta Vujnović,mother of Jovan Vujinović, was killed by gunshots to her head between 11:15 a.m. and4 p.m. on or about 18 August 1995 in Oton Polje in Ervenik municipality. The TrialChamber notes that Jovan Vujinović’s and Petar Knežević’s descriptions of where thebody of Marta Vujnović was found differ slightly. The Trial Chamber relies in thisrespect on the more detailed testimony of Jovan Vujinović, whose evidence, as opposedto Petar Knežević’s, was also subject to cross-examination and direct credibilityanalysis. On or about 18 August 1995, a large number of persons described as soldiers,driving military vehicles with HV number plates, were present in Oton Polje, some ofwhom used a building at the railway stop for accommodation. These persons called thewitness “Chetnik”. Based on the above, the Trial Chamber finds that members ofCroatian military forces were present in the village of Oton Polje on or about 18 August1995.227. Petro Romassev stated that Jovan Vujinović had told him that on 18 August1995, ten Croatian soldiers came to his house, after which he left, and when he returned,the Croatian soldiers told him that they had killed his mother. Jovan Vujinović testifiedthat he did not talk about the death of his mother with the soldiers in the village. TheTrial Chamber considers that this is not necessarily contradictory as the soldiers mayhave told Jovan Vujinović about having killed his mother without any further discussiontaking place. Further considering the presence of a large number of members ofCroatian military forces in Oton Polje on the day that Marta Vujnović was killed bygunshots, as established above, the Trial Chamber finds that members of Croatianmilitary forces shot Marta Vujnović, thereby killing her. Considering that both JovanVujinović and Petar Knežević referred to Oton Polje as a Serb village, which is notcontradicted by the 1991 Census, the Trial Chamber finds that Marta Vujnović was of823 P2004 (List of identified persons whose mortal remains were exhumed at the Novo Groblje cemeteryin Knin, and in Gračac and Korenica).120Case No.: IT-06-90-T 15 April 2011 `

39194Serb ethnicity. The Trial Chamber will further consider this incident in relation toCounts 1, 6, and 7 of the Indictment in Chapters 5.3.2 and 5.8.2 (b).228. The evidence indicates that Stevo Vujnović was killed between the beginning ofAugust and 21 or 22 August 1995 in Oton Polje and that Stevo’s mother, named Martaor Marija Vujnović was killed there in early August 1995. However, the Trial Chamberhas received insufficient evidence regarding the causes, dates, and other circumstancesof these two persons’ deaths. In this regard, the Trial Chamber considered also that theautopsy report with regard to Stevo Vujnović set out that the cause of death could not beascertained. The Trial Chamber will therefore not further consider these incidents inrelation to Counts 1, 6, and 7 of the Indictment.Stana and Mirko Popović (Further Clarification nos 5-6)229. The Trial Chamber has received relevant evidence with regard to the allegedmurder of Stana and Mirko Popović through the testimony of Jovan Popović. Thiswitness, a Serb from Popovići hamlet, Mokro Polje village in Ervenik municipality, 825stated that between 3 and 6 August 1995, he used binoculars to watch from his housemany cars drive from the direction of Ervenik towards Gračac. 826 On the morning of 6August 1995, he saw projectiles being fired to and from Kom Hill. 827 At 5 p.m. that day,he saw through his binoculars three medium-sized tanks with cannons, each with abouteight soldiers sitting or standing on top of them, on the road from Lika to Popovići. 828He saw that the soldiers were wearing grey-green camouflage uniforms with widerimmed grey-green camouflage hats and that their faces were painted black. 829 Thewitness heard shooting, and when the chimney of his house was hit he ran about onekilometre and hid behind a stone wall, where he continued to hear shots, see flames, andsmell smoke. 830 He returned to his home after sundown, after seeing the soldiers and thetanks leaving, and found the house ransacked and smelling of smoke. 831 Damageincluded broken windows, the burning of three stables and around 20 haystacks, and the824 P2032 (Report on circumstances of death of Stevo Vujnović, 5 October 2004), pp. 1-2.825 P2512 (Jovan Popović, witness statement, 25 January 1999), p. 1, paras 1, 4.826 P2512 (Jovan Popović, witness statement, 25 January 1999), paras 3, 9.827 P2512 (Jovan Popović, witness statement, 25 January 1999), para. 11.828 P2512 (Jovan Popović, witness statement, 25 January 1999), para. 12.829 P2512 (Jovan Popović, witness statement, 25 January 1999), para. 12.830 P2512 (Jovan Popović, witness statement, 25 January 1999), para. 13.831 P2512 (Jovan Popović, witness statement, 25 January 1999), paras 13-14.121Case No.: IT-06-90-T 15 April 2011 `

39195Ivan. 823 According to a report of the Zagreb Institute for Forensic Medicine, dated 5October 2004 and based on d<strong>et</strong>ails provided by Stevo’s brother Ðuro Vujnović, StevoVujnović, a Serb and son of Ivan, died on 25 August 1995. 824 The Chamber considersthat the date of birth s<strong>et</strong> out in exhibit P2004 is not the actu<strong>al</strong> date of birth but merelyindicates that this information was unknown to the drafter of the document, <strong>al</strong>so sinceJovan Vujinović testified that Stevo was born in 1939.226. Based on the evidence received, the Tri<strong>al</strong> Chamber finds that Marta Vujnović,mother of Jovan Vujinović, was killed by gunshots to her head b<strong>et</strong>ween 11:15 a.m. and4 p.m. on or about 18 August 1995 in Oton Polje in Ervenik municip<strong>al</strong>ity. The Tri<strong>al</strong>Chamber notes that Jovan Vujinović’s and P<strong>et</strong>ar Knežević’s descriptions of where thebody of Marta Vujnović was found differ slightly. The Tri<strong>al</strong> Chamber relies in thisrespect on the more d<strong>et</strong>ailed testimony of Jovan Vujinović, whose evidence, as opposedto P<strong>et</strong>ar Knežević’s, was <strong>al</strong>so subject to cross-examination and direct credibilityan<strong>al</strong>ysis. On or about 18 August 1995, a large number of persons described as soldiers,driving military vehicles with HV number plates, were present in Oton Polje, some ofwhom used a building at the railway stop for accommodation. These persons c<strong>al</strong>led thewitness “Ch<strong>et</strong>nik”. Based on the above, the Tri<strong>al</strong> Chamber finds that members ofCroatian military forces were present in the village of Oton Polje on or about 18 August1995.227. P<strong>et</strong>ro Romassev stated that Jovan Vujinović had told him that on 18 August1995, ten Croatian soldiers came to his house, after which he left, and when he r<strong>et</strong>urned,the Croatian soldiers told him that they had killed his mother. Jovan Vujinović testifiedthat he did not t<strong>al</strong>k about the death of his mother with the soldiers in the village. TheTri<strong>al</strong> Chamber considers that this is not necessarily contradictory as the soldiers mayhave told Jovan Vujinović about having killed his mother without any further discussiontaking place. Further considering the presence of a large number of members ofCroatian military forces in Oton Polje on the day that Marta Vujnović was killed bygunshots, as established above, the Tri<strong>al</strong> Chamber finds that members of Croatianmilitary forces shot Marta Vujnović, thereby killing her. Considering that both JovanVujinović and P<strong>et</strong>ar Knežević referred to Oton Polje as a Serb village, which is notcontradicted by the 1991 Census, the Tri<strong>al</strong> Chamber finds that Marta Vujnović was of823 P2004 (List of identified persons whose mort<strong>al</strong> remains were exhumed at the Novo Groblje cem<strong>et</strong>eryin Knin, and in Gračac and Korenica).120Case No.: IT-06-90-T 15 April 2011 `

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