Gotovina et al Judgement Volume I - ICTY

39179investigation department. Casings that were determined to “probably” be from a 7.62-millimetre calibre rifle were discovered at both scenes. Members of the police crimeinvestigation department of the Gračac third police station conducted interviews withSmiljka Marčetić, Simeon Marčetić, Sava Trivić, Boško Lukić, Milan Puača, and DuroPuvoac. The criminal report records that both the men were taken from their homes byunknown perpetrators, and that independently of each other, they were shot multipletimes. Milan Marčetić had seven bullet wounds, with the cause of death a contusion ofthe cervical spine cord and hemorrhagic shock. Dušan Šuica had eight bullet wounds,with the cause of death determined to be a contusion of the brain. 941 The reportconcludes by stating that the members of the police administration were conductingnecessary measures to investigate the crimes. 942252. In a letter, the ICRC reported to Čermak that Smilja Marčetić and a neighbourcould confirm that Milan Marčetić (born 1948) had died of an entry-and-exit wound inthe chest. 943 According to the ICRC letter, the murders were reported to the police, whoreportedly found Dušan Šuica’s body on 2 October 1995, after which Dušan Šuica andMilan Marčetić’s bodies were buried with the help of the Gračac Civilian Police. 944253. According to a letter of 10 October 1995 from Cetina to Čermak, on 29September 1995 around 5 p.m., Milan Marčetić and Dušan Šuica were taken from theirhomes in Gudure hamlet in Zrmanja village in Gračac municipality, by unidentifiedpersons. Pursuant to an on-site investigation conducted on 1 October 1995 by the ZadarCounty Court Investigative Judge, a pathologist and officers of the Zadar-Knin PoliceAdministration, at the sites where Marčetić’s and Šuica’s bodies were found,established that both victims died from gunshot wounds. 945254. The Trial Chamber finds that on 29 September 1995, between eight and tenarmed men in military uniforms entered the village of Zrmanja, Gračac municipality, intwo armoured white cars. Between approximately 4 and 4:30 p.m., three of theuniformed men entered Smilka Marčetić’s house, and dragged her son, Milan Marčetić,940 P1098 (Maria Teresa Mauro, witness statement, 3 March 2000), p. 7; P1099 (Maria Teresa Mauro,witness statement, 6 February 2008), para. 53; P1106 (HRAT report, 9 October 1995), p. 3.941 D390 (Zadar-Knin Police Administration criminal report for murders of Milan Marčetić and DušanŠuica, 5 October 1995), pp. 1-2.942 D390 (Zadar-Knin Police Administration criminal report for murders of Milan Marčetić and DušanŠuica, 5 October 1995), p. 3.943 D1756 (ICRC letter to Ivan Čermak, 7 September 1995), p. 3.944 D1756 (ICRC letter to Ivan Čermak, 7 September 1995), p. 4.945 P2649 (Correspondence from Ivica Cetina to Ivan Čermak, 10 October 1995), p. 2.136Case No.: IT-06-90-T 15 April 2011 `