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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39161where seven individuals had been murdered in the afternoon of 27 August 1995. 1070HRAT was further informed by the chief of the Kistanje police station that the policestation in Benkovac was responsible for the Gošić area. 1071285. The Trial Chamber has received extensive evidence on the criminal investigationinto the alleged murders that was conducted by Croatian authorities. This is evidencefrom (and tendered through) Witness 84, Ivica Cetina, Pero Perković, Ivan Galović,Damir Šimić, Željko Žganjer, Mate Laušić, and Ive Kardum (all reviewed in chapter6.2.5).286. On 29 August 1995, Ivica Cetina submitted a report to the “Return” OperationsStaff at the MUP, listing seven dead bodies found during hygiene and sanitationmeasures in Gošić hamlet Donji Borci, namely: Dušan, Milka, Kosa, Vasilj, Sava,Grozda, and Marija Borak. 1072287. Ive Kardum, Chief of the crime police department for the Zadar-Knin policeadministration in 1995, 1073 testified that in the Gošić case, he himself, having learnedabout the killings from a relative of one of the deceased, went to the crime scene wherehe met Chief of Knin-Kotar police administration Čedo Romanić and some men fromthe MUP in Zagreb, some of whom were in uniform and some in plain clothes. 1074 Theydirected Kardum and others to the Borak family houses, where they saw seven deadbodies in various locations. 1075 Kardum and others informed the prosecutor and theinvestigative judge, who attended the crime scene. 1076 According to Kardum, spentKalashnikov shells were found at the crime scene. 1077 Kardum testified that a Serbwitness named Živko Borak was able to help him. 1078 Kardum also testified that once itbecame clear that the military was involved, the civilian police had to involve the VP in1070 P417 (Peter Marti, witness statement, 14 December 2007), paras 87, 101; P68 (Summary of UNMOSector South situation reports from 7 August to 22 November 1995), p. 61.1071 P417 (Peter Marti, witness statement, 14 December 2007), paras 87, 101; P68 (Summary of UNMOSector South situation reports from 7 August to 22 November 1995), p. 61.1072 D361 (Report by Ivica Cetina to MUP “Return” Operations Staff, 29 August 1995), pp. 1-2.1073P2396 (Ive Kardum, witness statement, 3-4 May 2007), p. 1, paras 2-3; P2397 (Ive Kardum, witnessstatement, 22-23 March 2004), p. 1, paras 1-3, 12, 15, 17; Ive Kardum, T. 9231, 9251-9252, 9398, 9498-9499.1074 P2396 (Ive Kardum, witness statement, 3-4 May 2007), para. 8; P2397 (Ive Kardum, witnessstatement, 22-23 March 2004), paras 33, 50; Ive Kardum, T. 9328, 9359-9360, 9429-9430.1075 P2397 (Ive Kardum, witness statement, 22-23 March 2004), para. 33.1076 P2397 (Ive Kardum, witness statement, 22-23 March 2004), para. 33.1077 P2397 (Ive Kardum, witness statement, 22-23 March 2004), para. 33.1078 P2397 (Ive Kardum, witness statement, 22-23 March 2004), para. 34.154Case No.: IT-06-90-T 15 April 2011 `

39160the investigation. 1079 Kardum confirmed that a criminal report on the deaths of sevenpeople in Gošić in Kistanje municipality, dated 4 October 1995, had been prepared bythe crime police of the Zadar-Knin police administration and signed for Kardum propriapersona. 1080288. The Trial Chamber has received forensic documentation with regard to thealleged murders. According to this, the bodies of six persons in civilian clothes werefound on 28 August 1995 in Donji Borak hamlet in Gošić, Kistanje municipality,identified by Živko Borak from Gošić as Dušan Borak born on 1 January 1940, GrozdaBorak born on 9 March 1922, Marija Borak born on 2 May 1914, Sava Borak born on14 February 1925, and Vasilj Borak born on 1 June 1927 (only Milka Borak, numbered545, was identified by Milan Letunica), and buried at a city cemetery in Knin. 1081289. Body KN01/246B, exhumed in civilian clothing on 14 June 2001 from acemetery in Knin with a metal tag marked “545”, was an approximately 1.55-1.71-metre-tall female between 50 and 70 years old, with a high velocity gunshot injury tothe skull which was found by the forensic pathologist to be the cause of death. 1082 Fullyskeletonized and incomplete body KN01/316B, exhumed in remains of civilian clothingon 15 June 2001 from a cemetery in Knin was an approximately 1.51-1.68-metre-tallfemale between 50 and 75 years old for whom John Clark could not ascertain the causeof death. 1083290. On 6 December 2002, bodies KN01/246B and KN01/316B were identified byclassical method as, respectively, Milica Borak born in 1920 and Marija Borak born in1914. 1084 According to a death certificate dated 6 December 2002 issued by the ZagrebInstitute for Forensic Medicine, Marija Borak, a Serb born on 14 April 1914, died from1079 P2397 (Ive Kardum, witness statement, 22-23 March 2004), paras 33, 50; Ive Kardum, T. 9429-9430.1080 Ive Kardum, T. 9471; D807 (Criminal report on the murder of seven persons in Gošić in Kistanjemunicipality, 4 October 1995).1081 P1373 (Information on identified body, ID No. 544, with photograph); P1374 (Information onidentified body, ID No. 550, with photograph); P1375 (Information on identified body, ID No. 549, withphotograph); P1376 (Information on identified body, ID No. 545, with photograph); P1377 (Informationon identified body, ID No. 548, with photograph); P1378 (Information on identified body, ID No. 547,with photograph).1082 P1256 (Photographs of bodies and bones), p. 5; P1576 (Autopsy report of KN01/246B, 11 July 2001),pp. 1-6, 10-13, 16; P1841 (Photograph of skull, KN01/246B).1083 P1575 (Autopsy report of KN01/316B, 10 July 2001), pp. 1-2, 4-5, 11-13, 15; P1840 (Photograph ofbones, KN01/316B).1084 P2000 (List of identified bodies exhumed at the new cemetery in Knin); P2002 (List of identifiedpersons exhumed in Knin).155Case No.: IT-06-90-T 15 April 2011 `

39160the investigation. 1079 Kardum confirmed that a crimin<strong>al</strong> report on the deaths of sevenpeople in Gošić in Kistanje municip<strong>al</strong>ity, dated 4 October 1995, had been prepared bythe crime police of the Zadar-Knin police administration and signed for Kardum propriapersona. 1080288. The Tri<strong>al</strong> Chamber has received forensic documentation with regard to the<strong>al</strong>leged murders. According to this, the bodies of six persons in civilian clothes werefound on 28 August 1995 in Donji Borak haml<strong>et</strong> in Gošić, Kistanje municip<strong>al</strong>ity,identified by Živko Borak from Gošić as Dušan Borak born on 1 January 1940, GrozdaBorak born on 9 March 1922, Marija Borak born on 2 May 1914, Sava Borak born on14 February 1925, and Vasilj Borak born on 1 June 1927 (only Milka Borak, numbered545, was identified by Milan L<strong>et</strong>unica), and buried at a city cem<strong>et</strong>ery in Knin. 1081289. Body KN01/246B, exhumed in civilian clothing on 14 June 2001 from acem<strong>et</strong>ery in Knin with a m<strong>et</strong><strong>al</strong> tag marked “545”, was an approximately 1.55-1.71-m<strong>et</strong>re-t<strong>al</strong>l fem<strong>al</strong>e b<strong>et</strong>ween 50 and 70 years old, with a high velocity gunshot injury tothe skull which was found by the forensic pathologist to be the cause of death. 1082 Fullyskel<strong>et</strong>onized and incompl<strong>et</strong>e body KN01/316B, exhumed in remains of civilian clothingon 15 June 2001 from a cem<strong>et</strong>ery in Knin was an approximately 1.51-1.68-m<strong>et</strong>re-t<strong>al</strong>lfem<strong>al</strong>e b<strong>et</strong>ween 50 and 75 years old for whom John Clark could not ascertain the causeof death. 1083290. On 6 December 2002, bodies KN01/246B and KN01/316B were identified byclassic<strong>al</strong> m<strong>et</strong>hod as, respectively, Milica Borak born in 1920 and Marija Borak born in1914. 1084 According to a death certificate dated 6 December 2002 issued by the ZagrebInstitute for Forensic Medicine, Marija Borak, a Serb born on 14 April 1914, died from1079 P2397 (Ive Kardum, witness statement, 22-23 March 2004), paras 33, 50; Ive Kardum, T. 9429-9430.1080 Ive Kardum, T. 9471; D807 (Crimin<strong>al</strong> report on the murder of seven persons in Gošić in Kistanjemunicip<strong>al</strong>ity, 4 October 1995).1081 P1373 (Information on identified body, ID No. 544, with photograph); P1374 (Information onidentified body, ID No. 550, with photograph); P1375 (Information on identified body, ID No. 549, withphotograph); P1376 (Information on identified body, ID No. 545, with photograph); P1377 (Informationon identified body, ID No. 548, with photograph); P1378 (Information on identified body, ID No. 547,with photograph).1082 P1256 (Photographs of bodies and bones), p. 5; P1576 (Autopsy report of KN01/246B, 11 July 2001),pp. 1-6, 10-13, 16; P1841 (Photograph of skull, KN01/246B).1083 P1575 (Autopsy report of KN01/316B, 10 July 2001), pp. 1-2, 4-5, 11-13, 15; P1840 (Photograph ofbones, KN01/316B).1084 P2000 (List of identified bodies exhumed at the new cem<strong>et</strong>ery in Knin); P2002 (List of identifiedpersons exhumed in Knin).155Case No.: IT-06-90-T 15 April 2011 `

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