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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39157other UN personnel who visited Varivode in Kistanje municipality regularly that mostinhabitants of this largely Serb village had fled “in the face of Operation Storm” whileonly elderly had remained. 1088 One villager, Milan Pokrajac, told the UN in October thathe believed that after 4 or 5 August 1995 only 13 villagers remained in the village. 1089Another villager, Bojanka Milošević, told UNCIVPOL that those remaining villagerswere herself, Marija Dukić (born 1913), Milan Pokrajac (born 1921), Vukica Berić(born 1920), Mirko Dobrijević (1913), Spiro Dobrijević (born 1936), SimeonaDobrijević (1913), and Dragina Gajica (1914). 1090 Roberts testified that on 1 October1995 the “Helsinki International Human Rights Committee” told the UN that twelvepersons had been killed in Varivode on 28 September 1995. 1091 The organizationhanded over a list of twelve names of persons between 75 and 82 years old who hadbeen killed. 1092297. Roberts heard from an employee of the “Helsinki International Human RightsCommittee” that Danica Maksimilijanović went to Varivode in the afternoon of 28September 1995 in order to deliver food, but was stopped by Croatian police whoinformed her that they were investigating a murder. 1093 She continued nevertheless, andsaw in one yard a body covered with a white sheet, and a remaining villager, BojankaMilošević. 1094 Bojanka Milošević told UNCIVPOL, that on 28 September 1995 she hadheard small arms fire in Varivode at about 5 p.m., which lasted for about an hour. 1095She could hear the shooting proceeding from one house of a neighbour to the nexthouses. 1096 Villager Milan Pokrajac told the UN that he had heard the shooting in the(Alun Roberts, witness statement, 7 February 2008), p. 1, paras 3-4, 6; P680 (Alun Roberts, witnessstatement, 1 July 2008), p. 1.1088 P675 (Alun Roberts, witness statement, 27 August 1997), para. 92; P718 (Roberts’s report on UNHRAT visit to Varivode on 2 October, dated 3 October), para. 3.1089 P718 (Roberts’s report on UN HRAT visit to Varivode on 2 October, dated 3 October), paras 2, 10.1090 P718 (Roberts’s report on UN HRAT visit to Varivode on 2 October, dated 3 October),supplementary notes, paras 9- 10.1091 P675 (Alun Roberts, witness statement, 27 August 1997), para. 94; P700 (UNCRO photographs ofbodies and crime sites in Sector South), pp. 31-32; P718 (Roberts’s report on UN HRAT visit to Varivodeon 2 October, dated 3 October), paras 1, 6-7, 20.1092 P675 (Alun Roberts, witness statement, 27 August 1997), paras 94-95; P718 (Roberts’s report on UNHRAT visit to Varivode on 2 October, dated 3 October), para. 6.1093 P718 (Roberts’s report on UN HRAT visit to Varivode on 2 October, dated 3 October), para. 11.1094 P718 (Roberts’s report on UN HRAT visit to Varivode on 2 October, dated 3 October), para. 11.1095 P718 (Roberts’s report on UN HRAT visit to Varivode on 2 October, dated 3 October),supplementary notes, paras 6-7.1096 P718 (Roberts’s report on UN HRAT visit to Varivode on 2 October, dated 3 October),supplementary notes, para. 7.158Case No.: IT-06-90-T 15 April 2011 `

39156late afternoon of 28 September 1995, but had not seen anything. 1097 In the morning of29 September 1995, Bojanka Milošević accompanied Croatian police officers to thehouses and helped to identify the victims. 1098 She established that she and MilanPokrajac were the only remaining villagers. 1099 After some time a police team fromZadar arrived to investigate the crime sites and did so until 6 p.m. on the same day. 1100Then the nine bodies were put on a yellow truck and brought to Zadar. 1101 A personcalled Ante Ticić reported to the UN, that he had tried to visit his parents in Varivode onabout 29 September 1995, and that the police had denied him access to the villagebecause some “training” had taken place there. 1102 When he called the Zadar policedepartment, the senior officer Adam Mehmedović told him that his parents-in-law wereamong those killed. 1103 Bojanka Milošević saw the villager Marija Dukić in Varivode inthe morning of 28 September 1995, and saw a yellow car outside Marija Dukić’s houseat about 10 a.m. on the same day, but did not find her or her body anywhere in thevillage after that. 1104 On 30 September 1995, the police took Bojanka Milošević to theŠibenik police station and to the detention/refugee centre on Oboljan island nearŠibenik. 1105298. On 2 October 1995, Roberts and an HRAT saw many recently burnt and partlydamaged houses in Varivode and heavy blood stains in five locations close to thedoorways of houses, where apparently nine bodies had been removed. 1106 At onelocation, there were blood stains on the wall, to the left of the front door and on an old1097 P685 (CNN video Varivode, 3 October 1995), p. 1; P718 (Roberts’s report on UN HRAT visit toVarivode on 2 October, dated 3 October), para. 10, supplementary notes, para. 3.1098 P718 (Roberts’s report on UN HRAT visit to Varivode on 2 October, dated 3 October),supplementary notes, paras 7-8.1099 P718 (Roberts’s report on UN HRAT visit to Varivode on 2 October, dated 3 October),supplementary notes, para. 7.1100 P718 (Roberts’s report on UN HRAT visit to Varivode on 2 October, dated 3 October),supplementary notes, paras 7-8.1101 P718 (Roberts’s report on UN HRAT visit to Varivode on 2 October, dated 3 October),supplementary notes, para. 7.1102 P675 (Alun Roberts, witness statement, 27 August 1997), para. 96.1103 P675 (Alun Roberts, witness statement, 27 August 1997), para. 96.1104 P718 (Roberts’s report on UN HRAT visit to Varivode on 2 October, dated 3 October),supplementary notes, paras 9-10.1105 P718 (Roberts’s report on UN HRAT visit to Varivode on 2 October, dated 3 October),supplementary notes, para. 7.1106 P675 (Alun Roberts, witness statement, 27 August 1997), paras 90-91, 93; P677 (Alun Roberts,witness statement, 28 February 2007), p. 9; P678 (Alun Roberts, witness statement, 7 February 2008),para. 16, no. 12; P684 (Alun Roberts report to press on HV’s human rights violations in Sector South, 12October 1995), p. 1; P685 (CNN video Varivode, 3 October 1995), p. 1; P700 (UNCRO photographs ofbodies and crime sites in Sector South), pp. 2, 31-32; P718 (Roberts’s report on UN HRAT visit toVarivode on 2 October, dated 3 October), paras 2, 4, 9.159Case No.: IT-06-90-T 15 April 2011 `

39157other UN personnel who visited Varivode in Kistanje municip<strong>al</strong>ity regularly that mostinhabitants of this largely Serb village had fled “in the face of Operation Storm” whileonly elderly had remained. 1088 One villager, Milan Pokrajac, told the UN in October thathe believed that after 4 or 5 August 1995 only 13 villagers remained in the village. 1089Another villager, Bojanka Milošević, told UNCIVPOL that those remaining villagerswere herself, Marija Dukić (born 1913), Milan Pokrajac (born 1921), Vukica Berić(born 1920), Mirko Dobrijević (1913), Spiro Dobrijević (born 1936), SimeonaDobrijević (1913), and Dragina Gajica (1914). 1090 Roberts testified that on 1 October1995 the “Helsinki Internation<strong>al</strong> Human Rights Committee” told the UN that twelvepersons had been killed in Varivode on 28 September 1995. 1091 The organizationhanded over a list of twelve names of persons b<strong>et</strong>ween 75 and 82 years old who hadbeen killed. 1092297. Roberts heard from an employee of the “Helsinki Internation<strong>al</strong> Human RightsCommittee” that Danica Maksimilijanović went to Varivode in the afternoon of 28September 1995 in order to deliver food, but was stopped by Croatian police whoinformed her that they were investigating a murder. 1093 She continued nevertheless, andsaw in one yard a body covered with a white she<strong>et</strong>, and a remaining villager, BojankaMilošević. 1094 Bojanka Milošević told UNCIVPOL, that on 28 September 1995 she hadheard sm<strong>al</strong>l arms fire in Varivode at about 5 p.m., which lasted for about an hour. 1095She could hear the shooting proceeding from one house of a neighbour to the nexthouses. 1096 Villager Milan Pokrajac told the UN that he had heard the shooting in the(Alun Roberts, witness statement, 7 February 2008), p. 1, paras 3-4, 6; P680 (Alun Roberts, witnessstatement, 1 July 2008), p. 1.1088 P675 (Alun Roberts, witness statement, 27 August 1997), para. 92; P718 (Roberts’s report on UNHRAT visit to Varivode on 2 October, dated 3 October), para. 3.1089 P718 (Roberts’s report on UN HRAT visit to Varivode on 2 October, dated 3 October), paras 2, 10.1090 P718 (Roberts’s report on UN HRAT visit to Varivode on 2 October, dated 3 October),supplementary notes, paras 9- 10.1091 P675 (Alun Roberts, witness statement, 27 August 1997), para. 94; P700 (UNCRO photographs ofbodies and crime sites in Sector South), pp. 31-32; P718 (Roberts’s report on UN HRAT visit to Varivodeon 2 October, dated 3 October), paras 1, 6-7, 20.1092 P675 (Alun Roberts, witness statement, 27 August 1997), paras 94-95; P718 (Roberts’s report on UNHRAT visit to Varivode on 2 October, dated 3 October), para. 6.1093 P718 (Roberts’s report on UN HRAT visit to Varivode on 2 October, dated 3 October), para. 11.1094 P718 (Roberts’s report on UN HRAT visit to Varivode on 2 October, dated 3 October), para. 11.1095 P718 (Roberts’s report on UN HRAT visit to Varivode on 2 October, dated 3 October),supplementary notes, paras 6-7.1096 P718 (Roberts’s report on UN HRAT visit to Varivode on 2 October, dated 3 October),supplementary notes, para. 7.158Case No.: IT-06-90-T 15 April 2011 `

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