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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39183sentenced to six years imprisonment. 911 In addition to this evidence, the Trial Chamberhas considered evidence of the same witness reviewed in chapter 4.2.7.244. According to a UNCIVPOL incident report, dated 6 September 1995, DušanSuica from Zrmanja in Gračac municipality informed UNCIVPOL that Croatiansoldiers had shot Serbs Vlado Milanović, age 50, and ðuro Canak, age 62 or 63, during“some of the first days of the attack”. 912245. Ivan Galović, District Public Prosecutor in Zadar since 1990, 913 testified that inmid-August 1995, accused persons Ivica Petrić and Milenko Hrstić were in the villageof Zrmanja, Gračac municipality, where they were stationed as HV members. 914 Hestated that according to a witness, Petrić asked the victim, ðurad Čanak, if he had anyhunting rifles, to which Čanak said he had none. 915 Galović testified that after Petrić andHrstić later learned from some of their colleagues that two rifles were seized fromČanak, they killed him in retaliation for his dishonesty by firing several shots at him. 916Petrić and Hrstić were then charged with murder in connection with this event. 917According to Galović, outside of the specific murder of Čanak in Zrmanja, no mentionwas made of the civilian or military status of the accused in the indictments of othersimilar incidents. 918 The Trial Chamber has further considered evidence of ŽeljkoŽganjer reviewed in chapter 6.2.5.246. On the basis of P1076, the Trial Chamber finds that in Zrmanja on a day in midAugust 1995, Ivica Petrić shot Ðurad Čanak several times, including in the chest, whichresulted in Čanak’s death. 919 On this day, Petrić and Milenko Hrstić had met NikolaRašić and Zvornimir Lasan, who had obtained two hunting rifles from Čanak. Petrićbelieved Čanak had previously told other soldiers that he had no weapons, and asked911 Pero Perković, T. 19467-19468, 19487; P2560 (Transcript of a Zadar Court hearing, 25 June 1996),pp. 4-5.912 P252 (UNCIVPOL incident report, S05-95/088, 6 September 1995).913 D1553 (Ivan Galović, witness statement, 18 May 2009), pp. 1-2, 5; Ivan Galović, T. 19666-19669.914 D1553 (Ivan Galović, witness statement, 18 May 2009), p. 7; P2582 (Indictment of Perković, Rašić,Petrić, Ladović and Hrstić in Zadar County Court Concerning Varivode killing, 13 February 1996), p 3.915 D1553 (Ivan Galović, witness statement, 18 May 2009), p. 7; P2582 (Indictment of Perković, Rašić,Petrić, Ladović and Hrstić in Zadar County Court Concerning Varivode killing, 13 February 1996), p 3.916 D1553 (Ivan Galović, witness statement, 18 May 2009), p. 7; P2582 (Indictment of Perković, Rašić,Petrić, Ladović and Hrstić in Zadar County Court Concerning Varivode killing, 13 February 1996), p 3.917 D1553 (Ivan Galović, witness statement, 18 May 2009), p. 7; P2582 (Indictment of Perković, Rašić,Petrić, Ladović and Hrstić in Zadar County Court Concerning Varivode killing, 13 February 1996), pp. 3-4.918 Ivan Galović, T. 19821-19822.132Case No.: IT-06-90-T 15 April 2011 `

39182Čanak about the weapons before he shot him. The Trial Chamber notes in this regardthat the District Court in Zadar convicted Petrić on 27 May 1997 of the murder of ðuradČanak and that there is no indication in the evidence that this judgement in respect ofPetrić did not become final under Croatian law. On the basis of P1076 and the evidenceof Perković, the Trial Chamber finds that Ivica Petrić was a member of the HV 15thHome Guard Regiment, 2nd Battalion, 2nd Company, and was engaged in mop-upoperations in the area of Zrmanja on the day he killed ðurad Čanak. Based on a numberof similarities, the Trial Chamber considers that UNCIVPOL’s incident report of 6September 1995 in relation to the shooting of ðuro Canak relates to the same incident.According to this report, Dušan Suica, who was also from Zrmanja, referred to ÐuradĆanak as a Serb. Based on this evidence, the Trial Chamber finds that Ðurad Čanak wasa Krajina Serb. 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) below.247. The evidence suggests that Vlado Milanović was killed by persons referred to asCroatian soldiers in early August 1995. There is insufficient relevant evidence as towhere, the circumstances under which, and by whom the victim was killed. Under thesecircumstances the Trial Chamber will not further consider this incident in relation toCounts 1, 6, and 7 of the Indictment.Milan Marčetić and Dušan Šuica (Further Clarification nos 27-28)248. The Trial Chamber has received relevant evidence with regard to the allegedmurder of Milan Marčetić and Dušan Šuica primarily through the testimonies of PeterMarti and Maria Teresa Mauro as well as HRAT and UNCIVPOL reports.249. Peter Marti, an UNMO and later a member of HRAT in Sector South from 19June to 27 November 1995, 920 testified that on one of his missions after OperationStorm, he and his team met Milan Marčetić, a Serb male born in 1948, in the hamlet ofGudura in Zrmanja village, Gračac municipality. 921 Marčetić explained to them that he919 Although the spelling of the victim’s first name differs somewhat in different pieces of evidence, asdoes the age of the victim in P1076 and P252, the Trial Chamber is convinced, based on the description ofthe relevant events, that the different pieces of evidence refer to the same person: ðurad Čanak.920 P415 (Peter Marti, witness statement, 13 February 1996), pp. 1-2; P416 (Peter Marti, witnessstatement, 29 June 1997), pp. 1, 6; P417 (Peter Marti, witness statement, 14 December 2007), paras 1, 5,9, 17.921 P415 (Peter Marti, witness statement, 13 February 1996), pp. 2-3; P417 (Peter Marti, witnessstatement, 14 December 2007), paras 11-12; P425 (UNCIVPOL incident report, S05-95-282, 7 October1995 and HRAT report, 9 October 1995), pp. 1-2.133Case No.: IT-06-90-T 15 April 2011 `

39183sentenced to six years imprisonment. 911 In addition to this evidence, the Tri<strong>al</strong> Chamberhas considered evidence of the same witness reviewed in chapter 4.2.7.244. According to a UNCIVPOL incident report, dated 6 September 1995, DušanSuica from Zrmanja in Gračac municip<strong>al</strong>ity informed UNCIVPOL that Croatiansoldiers had shot Serbs Vlado Milanović, age 50, and ðuro Canak, age 62 or 63, during“some of the first days of the attack”. 912245. Ivan G<strong>al</strong>ović, District Public Prosecutor in Zadar since 1990, 913 testified that inmid-August 1995, accused persons Ivica P<strong>et</strong>rić and Milenko Hrstić were in the villageof Zrmanja, Gračac municip<strong>al</strong>ity, where they were stationed as HV members. 914 Hestated that according to a witness, P<strong>et</strong>rić asked the victim, ðurad Čanak, if he had anyhunting rifles, to which Čanak said he had none. 915 G<strong>al</strong>ović testified that after P<strong>et</strong>rić andHrstić later learned from some of their colleagues that two rifles were seized fromČanak, they killed him in r<strong>et</strong><strong>al</strong>iation for his dishonesty by firing sever<strong>al</strong> shots at him. 916P<strong>et</strong>rić and Hrstić were then charged with murder in connection with this event. 917According to G<strong>al</strong>ović, outside of the specific murder of Čanak in Zrmanja, no mentionwas made of the civilian or military status of the accused in the indictments of othersimilar incidents. 918 The Tri<strong>al</strong> Chamber has further considered evidence of ŽeljkoŽganjer reviewed in chapter 6.2.5.246. On the basis of P1076, the Tri<strong>al</strong> Chamber finds that in Zrmanja on a day in midAugust 1995, Ivica P<strong>et</strong>rić shot Ðurad Čanak sever<strong>al</strong> times, including in the chest, whichresulted in Čanak’s death. 919 On this day, P<strong>et</strong>rić and Milenko Hrstić had m<strong>et</strong> NikolaRašić and Zvornimir Lasan, who had obtained two hunting rifles from Čanak. P<strong>et</strong>rićbelieved Čanak had previously told other soldiers that he had no weapons, and asked911 Pero Perković, T. 19467-19468, 19487; P2560 (Transcript of a Zadar Court hearing, 25 June 1996),pp. 4-5.912 P252 (UNCIVPOL incident report, S05-95/088, 6 September 1995).913 D1553 (Ivan G<strong>al</strong>ović, witness statement, 18 May 2009), pp. 1-2, 5; Ivan G<strong>al</strong>ović, T. 19666-19669.914 D1553 (Ivan G<strong>al</strong>ović, witness statement, 18 May 2009), p. 7; P2582 (Indictment of Perković, Rašić,P<strong>et</strong>rić, Ladović and Hrstić in Zadar County Court Concerning Varivode killing, 13 February 1996), p 3.915 D1553 (Ivan G<strong>al</strong>ović, witness statement, 18 May 2009), p. 7; P2582 (Indictment of Perković, Rašić,P<strong>et</strong>rić, Ladović and Hrstić in Zadar County Court Concerning Varivode killing, 13 February 1996), p 3.916 D1553 (Ivan G<strong>al</strong>ović, witness statement, 18 May 2009), p. 7; P2582 (Indictment of Perković, Rašić,P<strong>et</strong>rić, Ladović and Hrstić in Zadar County Court Concerning Varivode killing, 13 February 1996), p 3.917 D1553 (Ivan G<strong>al</strong>ović, witness statement, 18 May 2009), p. 7; P2582 (Indictment of Perković, Rašić,P<strong>et</strong>rić, Ladović and Hrstić in Zadar County Court Concerning Varivode killing, 13 February 1996), pp. 3-4.918 Ivan G<strong>al</strong>ović, T. 19821-19822.132Case No.: IT-06-90-T 15 April 2011 `

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