Gotovina et al Judgement Volume I - ICTY

391851995, 900 testified that on 6 September 1995, she patrolled the village of Palanka, Gračacmunicipality, and was told by Boško Brkić and Kata Čuk that Dušan Brkić (born 1926),who had been dressed in military uniform but was unarmed, had been shot by Croatiansoldiers who later burned his body. 901 In addition to this evidence, the Trial Chamberhas considered evidence of Bogdan Brkić (reviewed in chapter 4.3.7) in relation to thisincident.240. According to the forensic documentation, decomposing body number 395 wasretrieved on 15 September 1995 from the village of Palanka, Gračac municipality, andwas identified by Bogdan Brkić from Palanka as Dušan Brkić born in Palanka on 19August 1926, and buried in the City cemetery in Gračac. 902 Body G07/022B exhumedfrom a cemetery in Gračac on 29 May 2002 with a metal tag numbered 395, was anapproximately 1.79-metre-tall male between 40 and 55 years old, wearing a partiallyburned and shredded olive-green shirt with epaulettes and blue-orange striped nylonshorts, whom the forensic pathologist found most likely died from explosive injuries. 903On 29 September 2003, at the Zagreb Institute for Forensic Medicine and Criminology,body G07/022B was identified as Dušan Brkić, born in 1926. 904 According to a reportof the Zagreb Forensic Institute, dated 29 September 2003 and based on details providedby his daughter, Dušan Brkić, a Serb of SFRY citizenship born in Palanka on 20 August1926, died on 13 August 1995 in Palanka, probably due to explosive injuries. 905241. The evidence indicates that the body of Dušan Brkić, born in 1926, was found inthe morning of 9 August 1995 with a bullet mark on his left side. The Trial Chamberalso received evidence that a person referred to as a Croatian soldier had told BogdanBrkić that he had killed Brkić’s neighbour. The Trial Chamber considers that there isinsufficient evidence to connect the soldier’s comment specifically to the murder ofDušan Brkić. Further, the hearsay evidence from Boško Brkić and Kata Čukinsufficiently establishes their source of knowledge in relation to the incident. The Trial900 P774 (Laila Malm, witness statement, 30 July 2008, corrected 4 September 2008), paras 1, 13; LailaMalm, T. 8147; P775 (Map of Gračac area, marked by Laila Malm).901 Laila Malm, T. 8199-8201; P789 (UNCIVPOL incident report, S05-95-086, 6 September 1995).902 P1327 (Information on Dušan Brkić, including photo), p. 1; P1544 (Autopsy report of G07/022B, 9October 2002), pp. 15-17.903 P1544 (Autopsy report of G07/022B, 9 October 2002), pp. 1-2, 6, 11, 13-14, 19; P1778 (Photo ofbones of G07/022B); P1779 (Photo of clothes of G07/022B); P1780 (Photo of bones of G07/022B);D1410 (Autopsy report of G07/022B, 9 October 2002), pp. 1-5, 7.904 P669 (List of identified persons exhumed in Knin and Gračac from the Croatian Government Officefor Co-operation with ICTY and ICC, 2 October 2003); D1410 (Autopsy report of G07/022B, 9 October2002), p. 7.130Case No.: IT-06-90-T 15 April 2011 `