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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39173factual basis on which the Trial Chamber could conclude that that person actuallycarried out the killings. The Trial Chamber is therefore unable to draw any conclusionsregarding the identity or affiliation of the perpetrator. Under these circumstances theTrial Chamber will not further consider this incident in relation to Counts 1, 6, and 7 ofthe Indictment.4.1.8 Kistanje municipalityUroš Šarić and Uroš Ognjenović (Schedule no. 8)266. The Trial Chamber has received relevant evidence with regard to the allegedmurder of Uroš Šarić and Uroš Ognjenović primarily through the testimonies of MirkoOgnjenović and Radoslav Ognjenović and through documentation related to thecriminal investigation into the two alleged murders.267. Mirko Ognjenović, a Serb born in 1921 from the village of Kakanj in Kistanjemunicipality, 975 testified that on 18 August 1995, at approximately 8:30 p.m., he was inhis yard with the villagers Radoslav Ognjenović, the witness’s aunt Ljubica Ognjenović(born 1910, daughter of Ivan) and Uroš Ognjenović (born 1928). 976 Uroš Ognjenovićreturned to his house to wait for Uroš Šarić (born 1920), who was staying with him atnight because he was frightened of the Croatian soldiers. 977 At about 9 p.m. the witnessheard people walking in the direction of his house. 978 He heard an angry voice he didnot recognize shout loudly something like, “Where are the nine people? Come out so Ican kill you all”. 979 When Radoslav Ognjenović and the witness came out, UrošOgnjenović entered the yard of the witness together with two men in military uniforms974 P2314 (Redacted Report on Autopsies of Victims Exhumed from Korenica and Gračac in 2002, 6 June2003), p. 98; P1808 (Photograph of clothes and personal possessions, G06/020B); P1809 (Photograph ofskull, 06/020B).975 P989 (Mirko Ognjenović, witness statement, 24 January 1999), pp. 1-2; P990 (Mirko Ognjenović,witness statement, 12 July 2004), p. 1; Mirko Ognjenović, T. 10701; D873 (MUP official note ofinterview with Mirko Ognjenović, 6 May 2004), p. 1; D874 (Letters from the Police Administration ofŠibenik-Knin with official notes), p. 6.976 P989 (Mirko Ognjenović, witness statement, 24 January 1999), pp. 3, 7; Mirko Ognjenović, T. 10716,10719; P990 (Mirko Ognjenović, witness statement, 12 July 2004), p. 2; D874 (Letters from the PoliceAdministration of Šibenik-Knin with official notes), p. 6.977 P989 (Mirko Ognjenović, witness statement, 24 January 1999), pp. 3, 7; Mirko Ognjenović, T. 10719;P995 (Letter from Srećko Šarić to Deputy Prime Minister Kostović, 10 September 1995); D874 (Lettersfrom the Police Administration of Šibenik-Knin with official notes), p. 6.978 P989 (Mirko Ognjenović, witness statement, 24 January 1999), p. 7.979 P989 (Mirko Ognjenović, witness statement, 24 January 1999), p. 7; Mirko Ognjenović, T. 10717-10718; D874 (Letters from the Police Administration of Šibenik-Knin with official notes), p. 6.142Case No.: IT-06-90-T 15 April 2011 `

39172with caps on their head. 980 One of them was about 165 centimetres and stocky and theother was about 180 centimetres and slim. 981 According to the witness, he only observedthe soldiers during ten seconds, it was dark, and he could not see them, in particular hecould not see any insignia. 982 The stocky soldier had an automatic rifle in his handwhich he, standing less then a metre away, pointed at the chest of the witness. 983 Heseemed very angry, called the people Chetniks and asked why they were there. 984 Thewitness was afraid the soldier would kill him. 985 The other soldier said, “Neño, don’tshoot”. 986 The witness heard a shot, received a blow from one of the soldiers, and fell tothe ground. 987 He woke up approximately 1.5 hours later. 988 Radoslav Ognjenović waslying close to him and calling his name. 989 The soldiers and the other villagers were nolonger around. 990 The witness’s head was painful and he had scratches on the left side ofhis face. 991 He had a cut from his eye to his ear caused by the hit. 992 The witness alsohad a broken right thumb of which the nail later fell off. 993 He got Radoslav Ognjenovićup and into the house, where he lit a candle and could see that a bone was sticking outof the upper part of the right arm of Radoslav. 994 Radoslav told the witness that thewound had been caused by a bullet that the shorter soldier had fired after Radoslav fell980 P989 (Mirko Ognjenović, witness statement, 24 January 1999), p. 7; Mirko Ognjenović, T. 10717-10718, 10734, 10743; D874 (Letters from the Police Administration of Šibenik-Knin with official notes),p. 6.981 P989 (Mirko Ognjenović, witness statement, 24 January 1999), p. 7; D874 (Letters from the PoliceAdministration of Šibenik-Knin with official notes), pp. 6, 9.982 P989 (Mirko Ognjenović, witness statement, 24 January 1999), p. 7; Mirko Ognjenović, T. 10717;D874 (Letters from the Police Administration of Šibenik-Knin with official notes), pp. 1, 9.983 P989 (Mirko Ognjenović, witness statement, 24 January 1999), p. 7; Mirko Ognjenović, T. 10742;D874 (Letters from the Police Administration of Šibenik-Knin with official notes), p. 6.984 P989 (Mirko Ognjenović, witness statement, 24 January 1999), p. 7; D874 (Letters from the PoliceAdministration of Šibenik-Knin with official notes), p. 6.985 P989 (Mirko Ognjenović, witness statement, 24 January 1999), p. 7; Mirko Ognjenović, T. 10718.986 P989 (Mirko Ognjenović, witness statement, 24 January 1999), p. 7; Mirko Ognjenović, T. 10742;D874 (Letters from the Police Administration of Šibenik-Knin with official notes), pp. 6, 9.987 P989 (Mirko Ognjenović, witness statement, 24 January 1999), p. 7; P990 (Mirko Ognjenović, witnessstatement, 12 July 2004), p. 2; Mirko Ognjenović, T. 10717; D874 (Letters from the PoliceAdministration of Šibenik-Knin with official notes), p. 6.988 P989 (Mirko Ognjenović, witness statement, 24 January 1999), p. 7; D874 (Letters from the PoliceAdministration of Šibenik-Knin with official notes), p. 6.989 P989 (Mirko Ognjenović, witness statement, 24 January 1999), p. 7; D874 (Letters from the PoliceAdministration of Šibenik-Knin with official notes), p. 6.990 P989 (Mirko Ognjenović, witness statement, 24 January 1999), p. 7.991 P989 (Mirko Ognjenović, witness statement, 24 January 1999), p. 7; P990 (Mirko Ognjenović, witnessstatement, 12 July 2004), p. 2; D874 (Letters from the Police Administration of Šibenik-Knin withofficial notes), p. 6.992 P990 (Mirko Ognjenović, witness statement, 12 July 2004), p. 2; Mirko Ognjenović, T. 10717-10718.993 P989 (Mirko Ognjenović, witness statement, 24 January 1999), p. 7.994 P989 (Mirko Ognjenović, witness statement, 24 January 1999), p. 7; D874 (Letters from the PoliceAdministration of Šibenik-Knin with official notes), p. 6.143Case No.: IT-06-90-T 15 April 2011 `

39173factu<strong>al</strong> basis on which the Tri<strong>al</strong> Chamber could conclude that that person actu<strong>al</strong>lycarried out the killings. The Tri<strong>al</strong> Chamber is therefore unable to draw any conclusionsregarding the identity or affiliation of the perp<strong>et</strong>rator. Under these circumstances theTri<strong>al</strong> Chamber will not further consider this incident in relation to Counts 1, 6, and 7 ofthe Indictment.4.1.8 Kistanje municip<strong>al</strong>ityUroš Šarić and Uroš Ognjenović (Schedule no. 8)266. The Tri<strong>al</strong> Chamber has received relevant evidence with regard to the <strong>al</strong>legedmurder of Uroš Šarić and Uroš Ognjenović primarily through the testimonies of MirkoOgnjenović and Radoslav Ognjenović and through documentation related to thecrimin<strong>al</strong> investigation into the two <strong>al</strong>leged murders.267. Mirko Ognjenović, a Serb born in 1921 from the village of Kakanj in Kistanjemunicip<strong>al</strong>ity, 975 testified that on 18 August 1995, at approximately 8:30 p.m., he was inhis yard with the villagers Radoslav Ognjenović, the witness’s aunt Ljubica Ognjenović(born 1910, daughter of Ivan) and Uroš Ognjenović (born 1928). 976 Uroš Ognjenovićr<strong>et</strong>urned to his house to wait for Uroš Šarić (born 1920), who was staying with him atnight because he was frightened of the Croatian soldiers. 977 At about 9 p.m. the witnessheard people w<strong>al</strong>king in the direction of his house. 978 He heard an angry voice he didnot recognize shout loudly som<strong>et</strong>hing like, “Where are the nine people? Come out so Ican kill you <strong>al</strong>l”. 979 When Radoslav Ognjenović and the witness came out, UrošOgnjenović entered the yard of the witness tog<strong>et</strong>her with two men in military uniforms974 P2314 (Redacted Report on Autopsies of Victims Exhumed from Korenica and Gračac in 2002, 6 June2003), p. 98; P1808 (Photograph of clothes and person<strong>al</strong> possessions, G06/020B); P1809 (Photograph ofskull, 06/020B).975 P989 (Mirko Ognjenović, witness statement, 24 January 1999), pp. 1-2; P990 (Mirko Ognjenović,witness statement, 12 July 2004), p. 1; Mirko Ognjenović, T. 10701; D873 (MUP offici<strong>al</strong> note ofinterview with Mirko Ognjenović, 6 May 2004), p. 1; D874 (L<strong>et</strong>ters from the Police Administration ofŠibenik-Knin with offici<strong>al</strong> notes), p. 6.976 P989 (Mirko Ognjenović, witness statement, 24 January 1999), pp. 3, 7; Mirko Ognjenović, T. 10716,10719; P990 (Mirko Ognjenović, witness statement, 12 July 2004), p. 2; D874 (L<strong>et</strong>ters from the PoliceAdministration of Šibenik-Knin with offici<strong>al</strong> notes), p. 6.977 P989 (Mirko Ognjenović, witness statement, 24 January 1999), pp. 3, 7; Mirko Ognjenović, T. 10719;P995 (L<strong>et</strong>ter from Srećko Šarić to Deputy Prime Minister Kostović, 10 September 1995); D874 (L<strong>et</strong>tersfrom the Police Administration of Šibenik-Knin with offici<strong>al</strong> notes), p. 6.978 P989 (Mirko Ognjenović, witness statement, 24 January 1999), p. 7.979 P989 (Mirko Ognjenović, witness statement, 24 January 1999), p. 7; Mirko Ognjenović, T. 10717-10718; D874 (L<strong>et</strong>ters from the Police Administration of Šibenik-Knin with offici<strong>al</strong> notes), p. 6.142Case No.: IT-06-90-T 15 April 2011 `

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