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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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 `

39178out after asking to see his Croatian ID card. Shots were then heard a couple of hundredmetres away within approximately ten minutes of Milan Marčetić being dragged out ofhis mother’s house, while his body was later found by a local resident with four bulletwounds to his chest and seven bullet wounds in total. Based on the description of MilanMarčetić as a Serb, the Trial Chamber finds that he was of Serb ethnicity. Further, theTrial Chamber finds that these three uniformed persons killed Milan Marčetić.255. At approximately 5 p.m. on the same day, Dušan Šuica was having aconversation with his neighbours in a house in the hamlet of Gudura in Zrmanja, Gračacmunicipality. He left the house at approximately 5:15 p.m., whereafter the persons thatpreviously had a conversation with him heard shots fired. The Trial Chamber finds thata few minutes later, six uniformed men went to the house that Dušan Šuica had justdeparted from, and asked the villagers to show their Croatian documents. According tothe evidence, the uniformed men did not kill the villagers as one of them presented anHV ID card and two of them were relatives of one of the uniformed men. The TrialChamber finds that Dušan Šuica’s blackened body was found two to three days later ina nearby stable, with eight bullet wounds and blood on his chest and forehead.According to the 1991 Population Census, Zrmanja was an all Serb village and based onthis the Trial Chamber finds that Dušan Šuica was Serb. Based on the foregoing, theTrial Chamber finds that these six uniformed persons killed Dušan Šuica.256. Based on the fact that the uniformed men arrived in armoured vehicles carryingweapons, the fact that Milan Marčetić was asked to produce his Croatian ID card, andthe fact that Dušan Šuica’s neighbours were treated leniently after presenting an HV IDcard, the Trial Chamber finds that they were members of Croatian military forces orSpecial Police. 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.Vlade Sovilj (Further Clarification no. 44)257. The Trial Chamber has received relevant evidence with regard to the allegedmurder of Vlade Sovilj, primarily through the testimony of Mile Sovilj and forensicdocumentation. Mile Sovilj, a Serb journalist from Gračac, 946 left Gračac and went to946 P86 (Mile Sovilj, witness statement, 22 February 2007), p. 1, paras 1-4; P87 (Mile Sovilj, witnessstatement, 23 April 2008), p. 1; Mile Sovilj, T. 2216, 2238-2239; P88 (Map of Gračac area, marked byMile Sovilj), location “A”; D134 (Mile Sovilj, supplemental information sheet, 18 April 2008), paras 2, 7.137Case No.: IT-06-90-T 15 April 2011 `

39178out after asking to see his Croatian ID card. Shots were then heard a couple of hundredm<strong>et</strong>res away within approximately ten minutes of Milan Marč<strong>et</strong>ić being dragged out ofhis mother’s house, while his body was later found by a loc<strong>al</strong> resident with four bull<strong>et</strong>wounds to his chest and seven bull<strong>et</strong> wounds in tot<strong>al</strong>. Based on the description of MilanMarč<strong>et</strong>ić as a Serb, the Tri<strong>al</strong> Chamber finds that he was of Serb <strong>et</strong>hnicity. Further, theTri<strong>al</strong> Chamber finds that these three uniformed persons killed Milan Marč<strong>et</strong>ić.255. At approximately 5 p.m. on the same day, Dušan Šuica was having aconversation with his neighbours in a house in the haml<strong>et</strong> of Gudura in Zrmanja, Gračacmunicip<strong>al</strong>ity. He left the house at approximately 5:15 p.m., whereafter the persons thatpreviously had a conversation with him heard shots fired. The Tri<strong>al</strong> Chamber finds thata few minutes later, six uniformed men went to the house that Dušan Šuica had justdeparted from, and asked the villagers to show their Croatian documents. According tothe evidence, the uniformed men did not kill the villagers as one of them presented anHV ID card and two of them were relatives of one of the uniformed men. The Tri<strong>al</strong>Chamber finds that Dušan Šuica’s blackened body was found two to three days later ina nearby stable, with eight bull<strong>et</strong> wounds and blood on his chest and forehead.According to the 1991 Population Census, Zrmanja was an <strong>al</strong>l Serb village and based onthis the Tri<strong>al</strong> Chamber finds that Dušan Šuica was Serb. Based on the foregoing, theTri<strong>al</strong> Chamber finds that these six uniformed persons killed Dušan Šuica.256. Based on the fact that the uniformed men arrived in armoured vehicles carryingweapons, the fact that Milan Marč<strong>et</strong>ić was asked to produce his Croatian ID card, andthe fact that Dušan Šuica’s neighbours were treated leniently after presenting an HV IDcard, the Tri<strong>al</strong> Chamber finds that they were members of Croatian military forces orSpeci<strong>al</strong> Police. The Tri<strong>al</strong> 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.Vlade Sovilj (Further Clarification no. 44)257. The Tri<strong>al</strong> Chamber has received relevant evidence with regard to the <strong>al</strong>legedmurder of Vlade Sovilj, primarily through the testimony of Mile Sovilj and forensicdocumentation. Mile Sovilj, a Serb journ<strong>al</strong>ist from Gračac, 946 left Gračac and went to946 P86 (Mile Sovilj, witness statement, 22 February 2007), p. 1, paras 1-4; P87 (Mile Sovilj, witnessstatement, 23 April 2008), p. 1; Mile Sovilj, T. 2216, 2238-2239; P88 (Map of Gračac area, marked byMile Sovilj), location “A”; D134 (Mile Sovilj, supplement<strong>al</strong> information she<strong>et</strong>, 18 April 2008), paras 2, 7.137Case No.: IT-06-90-T 15 April 2011 `

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