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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391511910); Radivoj/Rajko Berić (born 1922); Marija/Mara Berić (born 1922); Milka Berić(born 1922); Marko Berić (born 1913); and Mirko Pokrajac (born 1911). 1137304. According to a letter of 10 October 1995 from Cetina to Čermak, on 28September 1995, Jovan Berić (1920), Milka Berić (1924), Marko Berić (1913), ŠpiroBerić (1940), Jovan Berić (1937), Radivoj Berić (1926), Marija Berić (1926), MirkoPokrajac (1911), and Dušan Dukić (1937) were killed in Varivode, Kistanjemunicipality, between 5 and 9 p.m. 1138 Pursuant to an on-site investigation by anInvestigative Judge, a Public Prosecutor, a pathologist, and police officers, it wasestablished that the nine victims died as a result of gunshot wounds. 1139305. In addition to the evidence above, the Trial Chamber has considered evidence ofAlun Roberts, Ivica Cetina, Ivan Galović, Mladen Bajić, Željko Žganjer, Damir Šimić,Ive Kardum, Mate Laušić, Pero Perković, and Elisabeth Rehn (all reviewed in chapter6.2.5), as well as exhibits P270, P278, and P280 in relation to this killing incident.306. The Trial Chamber received forensic evidence with regard to all nine victims.Nine bodies in civilian clothing (35-50-year-old male body KN01/307B with a metal tagmarked “516”, 35-50-year-old male body KN01/308B with a metal tag marked “517”,40-60-year-old male body KN01/309B with a tag marked “518”, 40-60-year-old malebody KN01/310B with a metal tag marked “519”, 40-55-year-old male bodyKN01/311B with a metal tag marked “520”, 50-75-year-old female body KN01/312Bwith a metal tag marked “521”, 50-75-year-old female body KN01/313B with a tagmarked “522”, 40-70-year-old male body KN01/314B with a metal tag marked “523”,55-90-year-old male body KN01/315B with a metal tag marked “524”) were exhumedfrom a cemetery in Knin on 15 June 2001 and found by forensic pathologists to havedied from gunshot injuries. 1140 On 6 December 2002, the following bodies were1137 D1756 (ICRC letter to Ivan Čermak, 7 October 1995), p. 3.1138 P2649 (Correspondence from Ivica Cetina to Ivan Čermak, 10 October 1995), pp. 1-2.1139 P2649 (Correspondence from Ivica Cetina to Ivan Čermak, 10 October 1995), pp. 1-2.1140 P1256 (Photographs of bodies and bones), p. 6; P1577 (Autopsy report of KN01/308B, 13 July 2001),pp. 1-5, 7-9, 11-14, 17; P1578 (Autopsy report of KN01/310B, 10 July 2001), pp. 1-7, 11-13, 16; P1579(Autopsy report of KN01/309B, 5 July 2001), pp. 1-2, 4-8, 10-14, 17-18; P1580 (Autopsy report ofKN01/314B, 9 July 2001), pp. 1-9, 11-15, 18; P1581 (Autopsy report of KN01/313B, 13 July 2001) pp.1-8, 11-13, 16-21; P1582 (Autopsy report of KN01/312B, 9 July 2001), pp. 1-8, 11-14, 17; P1583(Autopsy report of KN01/311B, 2 July 2001), pp. 1-7, 11-13, 16-18; P1584 (Autopsy report ofKN01/307B, 12 July 2001), pp. 1-7, 11-13, 16; P1585 (Autopsy report of KN01/315B, 2 July 2001), pp.1-8, 11-15, 18-19; P1842 (Photograph of skull, KN01/308B); P1843 (Photograph of exhumation site,KN01/308); P1844 (Photograph of skull, KN01/310B); P1845 (Photograph of exhumation site,KN01/310); P1846 (Photograph of bones, KN01/309B); P1847 (Photograph of exhumation site,KN01/309); P1848 (Photograph of exhumation site, KN01/314); P1849 (Photograph of exhumation site,164Case No.: IT-06-90-T 15 April 2011 `

39150identified by classical method: KN01/307B as Dušan Dukić born in 1937, KN01/308Bas Špiro Berić born in 1940, KN01/309B as Jovo Berić born in 1920, KN01/310B asJovan Berić born in 1939, KN01/311B as Radivoj Berić born in 1926, KN01/312B asMarija Berić born in 1926, KN01/313B as Milka Berić born in 1924, KN01/314B asMarko Berić born in 1913, and KN01/315B as Mirko Pokrajac born in 1911. 1141According to death certificates dated 6 December 2002 issued by the Zagreb Institutefor Forensic Medicine, the following persons died from gunshot injuries in Varivode,Kistanje municipality, on 28 September 1995: Dušan ðukić, a Serb born on 1 March1937; Špiro Berić, a Serb born on 20 February 1940; Jovo Berić, a Serb born on 5 June1920; Jovan Berić, a Serb born in 1939; Radivoj Berić, a Serb born on 28 July 1926;Marija Berić, a Serb born on 17 February 1926; Milka Berić, a Serb born in 1924;Marko Berić, a Serb with SFRY citizenship born on 21 October 1913; whereas forMirko Pokrajac, a Serb with SFRY citizenship born in 1911, the indicated date of deathwas 29 September 1995. 1142307. The evidence indicates that on 28 September 1995 between 5 and 9 p.m. MarijaBerić (1930), Radivoj Berić (1926), Jovo Berić (1920), Milka Berić (1924), MarkoBerić (1913), Spiro Berić (1940), Jovan Berić (1939), Dušan Dukić (1937), and MirkoPokrajac (1911), all Serbs, died in Varivode in Kistanje municipality. BojankaMilošević and Milan Pokrajac, who were living in Varivode at the time of the incident,both stated they heard gunfire in the late afternoon of 28 September 1995 althoughneither observed the shooting. Milošević added that the gunfire lasted for one hour.Although the 7 Octobber 1995 letter from an ICRC team reported stab wounds on thebodies, considering all the evidence, the Trial Chamber is satisfied the victims diedfrom gunshot wounds. Considering the gunshot wounds, the gunfire heard by villagersKN01/313); P1850 (Photograph of bullet fragments, KN01/313B); P1851 (Photograph of bulletfragments, KN01/313B); P1852 (Photograph of bullet fragments, KN01/313B); P1854 (Photograph ofexhumation site, KN01/312); P1855 (Photograph of exhumation site, KN01/311); P1856 (Photograph ofexhumation site, KN01/307); P1857 (Photograph of skull, KN01/315B); P1858 (Photograph ofexhumation site, KN01/315); D1223 (Supplemental information sheet, John Clark), paras 8-9.1141 P2000 (List of identified bodies exhumed at the new cemetery in Knin); P2002 (List of identifiedpersons exhumed in Knin).1142 P2053 (Death certificate of Špiro Berić, 6 December 2002), p. 4; P2054 (Death certificate of JovanBerić, 6 December 2002), p. 7; P2055 (Death certificate of Jovo Berić, 6 December 2002), p. 3; P2056(Death certificate of Marko Berić, 6 December 2002), p. 2; P2057 (Death certificate of Milka Berić, 6December 2002), p. 1; P2058 (Death certificate of Marija Berić, 6 December 2002), p. 5; P2059 (Deathcertificate of Radivoj Berić, 6 December 2002), p. 6; P2060 (Death certificate of Dušan ðukić, 6December 2002), p. 11; P2061 (Death certificate of Mirko Pokrajac, 6 December 2002), p. 15.165Case No.: IT-06-90-T 15 April 2011 `

39150identified by classic<strong>al</strong> m<strong>et</strong>hod: KN01/307B as Dušan Dukić born in 1937, KN01/308Bas Špiro Berić born in 1940, KN01/309B as Jovo Berić born in 1920, KN01/310B asJovan Berić born in 1939, KN01/311B as Radivoj Berić born in 1926, KN01/312B asMarija Berić born in 1926, KN01/313B as Milka Berić born in 1924, KN01/314B asMarko Berić born in 1913, and KN01/315B as Mirko Pokrajac born in 1911. 1141According to death certificates dated 6 December 2002 issued by the Zagreb Institutefor Forensic Medicine, the following persons died from gunshot injuries in Varivode,Kistanje municip<strong>al</strong>ity, on 28 September 1995: Dušan ðukić, a Serb born on 1 March1937; Špiro Berić, a Serb born on 20 February 1940; Jovo Berić, a Serb born on 5 June1920; Jovan Berić, a Serb born in 1939; Radivoj Berić, a Serb born on 28 July 1926;Marija Berić, a Serb born on 17 February 1926; Milka Berić, a Serb born in 1924;Marko Berić, a Serb with SFRY citizenship born on 21 October 1913; whereas forMirko Pokrajac, a Serb with SFRY citizenship born in 1911, the indicated date of deathwas 29 September 1995. 1142307. The evidence indicates that on 28 September 1995 b<strong>et</strong>ween 5 and 9 p.m. MarijaBerić (1930), Radivoj Berić (1926), Jovo Berić (1920), Milka Berić (1924), MarkoBerić (1913), Spiro Berić (1940), Jovan Berić (1939), Dušan Dukić (1937), and MirkoPokrajac (1911), <strong>al</strong>l Serbs, died in Varivode in Kistanje municip<strong>al</strong>ity. BojankaMilošević and Milan Pokrajac, who were living in Varivode at the time of the incident,both stated they heard gunfire in the late afternoon of 28 September 1995 <strong>al</strong>thoughneither observed the shooting. Milošević added that the gunfire lasted for one hour.Although the 7 Octobber 1995 l<strong>et</strong>ter from an ICRC team reported stab wounds on thebodies, considering <strong>al</strong>l the evidence, the Tri<strong>al</strong> Chamber is satisfied the victims diedfrom gunshot wounds. Considering the gunshot wounds, the gunfire heard by villagersKN01/313); P1850 (Photograph of bull<strong>et</strong> fragments, KN01/313B); P1851 (Photograph of bull<strong>et</strong>fragments, KN01/313B); P1852 (Photograph of bull<strong>et</strong> fragments, KN01/313B); P1854 (Photograph ofexhumation site, KN01/312); P1855 (Photograph of exhumation site, KN01/311); P1856 (Photograph ofexhumation site, KN01/307); P1857 (Photograph of skull, KN01/315B); P1858 (Photograph ofexhumation site, KN01/315); D1223 (Supplement<strong>al</strong> information she<strong>et</strong>, John Clark), paras 8-9.1141 P2000 (List of identified bodies exhumed at the new cem<strong>et</strong>ery in Knin); P2002 (List of identifiedpersons exhumed in Knin).1142 P2053 (Death certificate of Špiro Berić, 6 December 2002), p. 4; P2054 (Death certificate of JovanBerić, 6 December 2002), p. 7; P2055 (Death certificate of Jovo Berić, 6 December 2002), p. 3; P2056(Death certificate of Marko Berić, 6 December 2002), p. 2; P2057 (Death certificate of Milka Berić, 6December 2002), p. 1; P2058 (Death certificate of Marija Berić, 6 December 2002), p. 5; P2059 (Deathcertificate of Radivoj Berić, 6 December 2002), p. 6; P2060 (Death certificate of Dušan ðukić, 6December 2002), p. 11; P2061 (Death certificate of Mirko Pokrajac, 6 December 2002), p. 15.165Case No.: IT-06-90-T 15 April 2011 `

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