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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39159unknown causes in the yard of her house, no. 19, in Gošić on 27 August 1995. 1085According to a death certificate dated 6 December 2002 issued by the Zagreb Institutefor Forensic Medicine, Milica Borak, a Serb with FRY citizenship born on 2 August1920, died from a gunshot injury to the head in Gošić on 27 August 1995. 1086291. The above evidence indicates that seven persons, namely Sava Borak, GroñanaBorak, Vasilj Borak, Kosa Borak, Marija Borak, Dušan Borak, and Milka Borak wereshot and killed shortly after 4 p.m. on 27 August 1995 in Gošić in Kistanjemunicipality. These seven persons wore civilian clothing on that date and were all bornbetween 1902 and 1940.292. The evidence indicates that a white civilian car and a small truck with a blue tentflap entered the village shortly before the seven victims were shot. Persons wearingcamouflage uniforms were travelling in the back of the small truck. Shortly after thesevehicles arrived in Gošić, Milan Letunica and Bogdan Dobrić heard gunshots, which thelatter specified came from the direction of Gošić. The vehicles left Gošić shortlythereafter. This evidence indicates that the persons in the two vehicles, including thosein uniform in the back of the truck, shot and killed the seven victims identified above.293. The evidence indicates that VP crime investigators were involved in theinvestigation into the Gošić killings because men in camouflage uniform and an olivecoloured“TAM road mender” vehicle were seen at the place and time of the crime.However, the evidence of the Croatian investigations into the incident is inconclusive asto the identity or affiliation of the perpetrators. The Croatian investigation did not find avehicle that corresponded with the description of the “TAM” vehicle among thevehicles of that type used by the military companies in the area. Pero Perković, NikolaRašić, Ivica Petrić, and Zlatko Ladović were indicted and then acquitted of the killingsin Gošić by a Zadar court. On appeal, the case was remitted to a Šibenik court for trial,after which the Šibenik Prosecutor dropped the charges against them. According toŠimić and Žganjer, Goran Vunić was also suspected of having been involved in themurders. However, Mrkota terminated the investigations into Vunić’s involvement in1995, prior to a search of Vunić’s premises, and the evidence does not establish theresults, if any, of the investigations into Vunić’s involvement which were resumed in2002. The Trial Chamber has received no other reliable evidence about which armed1085 P2051 (Death certificate of Marija Borak, 6 December 2002).1086 P2052 (Death certificate of Milica Borak, 6 December 2002).156Case No.: IT-06-90-T 15 April 2011 `

39158forces, if any, the persons in camouflage uniforms observed entering Gošić at the timeof the killings belonged to. Nor has the Trial Chamber received sufficient evidenceabout which armed forces, if any, were present in or in the vicinity of Gošić at the time.The Trial Chamber is therefore unable to draw any conclusions regarding the identity oraffiliation of the perpetrators. Under these circumstances, the Trial Chamber will notfurther consider this incident in relation to Counts 1, 6, and 7 of the Indictment.294. The statement of Milan Letunica suggests that an eighth person, Gojko Ležajić,was also killed in Gošić on 27 August 1995. The Trial Chamber notes that in his writtenstatement, Bogdan Dobrić did not mention seeing Gojko Ležajić’s body in Gošić on thatday. Ive Kardum testified that he saw seven victims when he visited Gošić. Similarly,the HRAT and Croatian police documents relating to this evidence mention sevenvictims in Gošić. The evidence from the Croatian investigations indicates that GoranVunić and two unidentified persons were suspected of having shot and killed GojkoLežajić in the courtyard of his house in Gošić, on an unspecified date after OperationStorm. A letter by Zadar Public Prosecutor Rukavina refers to statements by Milan andSava Letunica in this respect. However, in his written statement in evidence before theTrial Chamber, Milan Letunica did not provide information regarding circumstances orperpetrators in relation to Gojko Ležajić’s death. Consequently, there is insufficientreliable evidence as to whether, the circumstances under which, or by whom, GojkoLežajić was killed. Under these circumstances, the Trial Chamber will not furtherconsider this incident in relation to Counts 1, 6, and 7 of the Indictment.Jovo Berić and others (Further Clarification nos 95-103)295. The Trial Chamber has received relevant evidence with regard to the allegedmurders of Jovo Berić and others through numerous testimonies, including those ofAlun Roberts, Petro Romassev, and Witness 84. The Trial Chamber has also receiveddocumentary evidence, including UNCIVPOL and HRAT reports and documents on thecriminal investigation conducted in Croatia with regard to the alleged murders.296. Alun Roberts, Press and Information Officer for UN Sector South in Knin frommid-September 1993 until about mid-October 1995, 1087 testified that he heard from1087 P675 (Alun Roberts, witness statement, 27 August 1997), p. 1, para. 1; P676 (Alun Roberts, witnessstatement, 31 July 1998), p. 1; P677 (Alun Roberts, witness statement, 28 February 2007), pp. 1-2; P678157Case No.: IT-06-90-T 15 April 2011 `

39159unknown causes in the yard of her house, no. 19, in Gošić on 27 August 1995. 1085According to a death certificate dated 6 December 2002 issued by the Zagreb Institutefor Forensic Medicine, Milica Borak, a Serb with FRY citizenship born on 2 August1920, died from a gunshot injury to the head in Gošić on 27 August 1995. 1086291. The above evidence indicates that seven persons, namely Sava Borak, GroñanaBorak, Vasilj Borak, Kosa Borak, Marija Borak, Dušan Borak, and Milka Borak wereshot and killed shortly after 4 p.m. on 27 August 1995 in Gošić in Kistanjemunicip<strong>al</strong>ity. These seven persons wore civilian clothing on that date and were <strong>al</strong>l bornb<strong>et</strong>ween 1902 and 1940.292. The evidence indicates that a white civilian car and a sm<strong>al</strong>l truck with a blue tentflap entered the village shortly before the seven victims were shot. Persons wearingcamouflage uniforms were travelling in the back of the sm<strong>al</strong>l truck. Shortly after thesevehicles arrived in Gošić, Milan L<strong>et</strong>unica and Bogdan Dobrić heard gunshots, which thelatter specified came from the direction of Gošić. The vehicles left Gošić shortlythereafter. This evidence indicates that the persons in the two vehicles, including thosein uniform in the back of the truck, shot and killed the seven victims identified above.293. The evidence indicates that VP crime investigators were involved in theinvestigation into the Gošić killings because men in camouflage uniform and an olivecoloured“TAM road mender” vehicle were seen at the place and time of the crime.However, the evidence of the Croatian investigations into the incident is inconclusive asto the identity or affiliation of the perp<strong>et</strong>rators. The Croatian investigation did not find avehicle that corresponded with the description of the “TAM” vehicle among thevehicles of that type used by the military companies in the area. Pero Perković, NikolaRašić, Ivica P<strong>et</strong>rić, and Zlatko Ladović were indicted and then acquitted of the killingsin Gošić by a Zadar court. On appe<strong>al</strong>, the case was remitted to a Šibenik court for tri<strong>al</strong>,after which the Šibenik Prosecutor dropped the charges against them. According toŠimić and Žganjer, Goran Vunić was <strong>al</strong>so suspected of having been involved in themurders. However, Mrkota terminated the investigations into Vunić’s involvement in1995, prior to a search of Vunić’s premises, and the evidence does not establish theresults, if any, of the investigations into Vunić’s involvement which were resumed in2002. The Tri<strong>al</strong> Chamber has received no other reliable evidence about which armed1085 P2051 (Death certificate of Marija Borak, 6 December 2002).1086 P2052 (Death certificate of Milica Borak, 6 December 2002).156Case No.: IT-06-90-T 15 April 2011 `

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