Gotovina et al Judgement Volume I - ICTY

39164October 1995, sometime between 18 and 24 September (an) unknown perpetrator(s)shot Vojin Šarić in the chest and abdomen with a 7.62-millimetre calibre firearm, andthen threw his body in a well in his backyard in Kakanj. 1046 According to the samereport, on 14 October 1995 an investigative judge of the Zadar County Court and crimepolice officers conducted an on-site investigation, finding 7.62-millimetre calibrecartridges at the scene of the crime, and retrieved from the well the body of Vojin Šarić,whom a forensic pathologist established had died from gunshot wounds to the chest andabdomen. 1047 According to a MUP official note, Vojin Šarić was buried by his son inthe family grave site in Bratiškovci, in Skradin municipality. 1048279. According to a UNCIVPOL incident report, dated 13 October 1995, Vojo Ivicaand Mladen Surija informed UNCIVPOL that Vojin Šarić, a Serb born in 1911, hadbeen found dead in Kakanj in Kistanje municipality. On 26 September 1995, thevictim’s son had found his body at the bottom of a well. UNCIVPOL and Croatianpolice went to the hamlet and found the victim as described by the son. 1049 According toa UNCIVPOL incident report, dated 14 October 1995, a UNCIVPOL team monitoredthe investigation of the death of Vojin Šarić. They were informed by an investigativejudge at the scene that Šarić had been killed by one bullet to the chest. A Croatian policeofficer had first prevented UNCIVPOL access to the crime scene and only afterintervention by the chief of police of the Knin police station was such accessgranted. 1050280. The evidence suggests that sometime between 18 and 24 September 1995, one ormore unknown perpetrators shot Vojin Šarić, a Serb born 1911, in Šarići hamlet inKakanj village, in the chest and abdomen, thereby killing him. The above evidence doesnot identify the perpetrator(s) in any way and does not establish to which armed forces,if any, the perpetrator(s) belonged. Nor has the Trial Chamber received sufficientevidence about which armed forces, if any, were present in or in the vicinity of Kakanjat the time. The Trial Chamber is therefore unable to draw any conclusions regardingthe identity or affiliation of the perpetrator(s). Under these circumstances, the Trial1046 D875 (Criminal report of the Police Administration of Zadar-Knin, 20 October 1995), pp. 1-2.1047 D875 (Criminal report of the Police Administration of Zadar-Knin, 20 October 1995), p. 2.1048 D873 (MUP official note of interview with Mirko Ognjenović, 6 May 2004), p. 2; see also D875(Criminal report of the Police Administration of Zadar-Knin, 20 October 1995), p. 2.1049 P273 (UNCIVPOL incident report, 13 October 1995).1050 D740 (Collection of UNCIVPOL documents), p. 19 (UNCIVPOL incident report, S2-95-777, 14October 1995).151Case No.: IT-06-90-T 15 April 2011 `