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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39149and blood stains at door frames and in yards the Trial Chamber is satisfied that the nineVarivode villagers were killed.308. The evidence indicates that VP crime investigators were involved in theVarivode killings investigation because HV members’ involvement was suspected and acamouflaged HV TAM Truck was apparently seen at the time and place of the crime.The investigators related unsourced information that four masked men in camouflage orblack uniforms committed the killings. However, the evidence of the Croatianinvestigations into the incident is inconclusive as to the identity or affiliation, if any, ofthe perpetrators. The Croatian investigation does not provide further details as to thefactual basis for these qualifications. Consequently, the Trial Chamber cannot assesswhether these qualifications were made on a proper factual basis. Croatianinvestigations regarding the TAM truck were also inconclusive. Nikola Rašić, IvanJakovljević, Zlatko Ladović and Nedjeljko Mijić were indicted and then acquitted of thekillings in Varivode by a Zadar Court. On appeal, the acquittal was quashed and thecase was transferred to a Šibenik Court after which the Šibenik Prosecutor dropped thecharges as he concluded there was no reliable evidence against the accused. Accordingto Simić and Žganjer, Goran Vunić was also suspected of having been involved in themurders. However, Mrkota terminated the original investigations into Vunić’sinvolvement with Varivode and the evidence does not establish the results, if any, of theinvestigations into Vunić’s involvement which were resumed in 2002. The TrialChamber has received no other reliable evidence about which armed forces, if any, theperpetrators belonged to. The Trial Chamber is therefore unable to draw anyconclusions regarding the identity or affiliation of the perpetrators. Under thesecircumstances, the Trial Chamber will not further consider this incident in relation toCounts 1, 6, and 7 of the Indictment.309. The evidence with regard to “many recently burnt and partly damaged houses”does not indicate how and by whom the houses were burnt and damaged and the TrialChamber will therefore not further consider this incident in relation to Counts 1 and 5.166Case No.: IT-06-90-T 15 April 2011 `

39148Manda Tišma (Further Clarification no. 107)310. The Trial Chamber has received relevant evidence with regard to the allegedmurder of Manda Tišma primarily through documentation related to the Croatiancriminal investigation into the matter.311. On 29 November 2002, the County Court of Šibenik convicted Željko Šunjerga,a member of the HV 15th Guards Brigade, 2nd Battalion, 1st Company, of murderingManda Tišma, a Serb, in the village of Rudele, the hamlet of Tišme, Kistanjemunicipality, sometime after the completion of Operation Storm in the first half ofAugust 1995. 1143 According to the judgement, in the first half of August 1995 Šunjergaand his colleagues Branko Čadek, Milenko Hrstič, and Goran Tabula used a Renault 4to reconnoitre the area in Rudele close to Kistanje. 1144 They stopped the vehicle next toManda Tišma and Šunjerga talked to her while his colleagues searched nearbyhouses. 1145 Šunjerga asked Tišma where her sons were and who she supported, to whichshe replied that her sons were in Belgrade, and that she supported the Krajina. 1146Šunjerga then began to walk back to the vehicle, but before getting in, fired a short burstfrom an automatic 7.62-millimetre M-70 AB rifle at Tišma from a distance of fourmetres. 1147 The County Court found the evidence indisputable that the victim died as aresult of Šunjerga firing a short round of bullets at her. 1148 In his defence Šunjergaadmitted to the shooting but argued it was necessary for self defence because just beforehe fired he saw Tišma reach under her apron which caused him to believe she waspreparing to throw a grenade. 1149 The court dismissed Šunjerga’s defence noting that theexhumation record showed the deceased was not wearing an apron. 1150312. On the basis of exhibit P2612, the Trial Chamber finds that sometime in the firsthalf of August 1995 Željko Šunjerga, a member of the HV 15th Guards Brigade, 2ndBattalion, 1st Company, fired a round from his automatic rifle at Manda Tišma, therebykilling her. The Trial Chamber notes in this regard that the County Court in Šibenik1143 Mladen Bajić, T. 20838-20839; P2612 (Documentation on legal proceedings against Šunjerga for themurder of Manda Tišma), pp. 2, 4-5, 7, 9, 11, 24.1144 P2612 (Documentation on legal proceedings against Šunjerga for the murder of Manda Tišma), p. 15.1145 P2612 (Documentation on legal proceedings against Šunjerga for the murder of Manda Tišma), pp. 9,15.1146 P2612 (Documentation on legal proceedings against Šunjerga for the murder of Manda Tišma), p. 9.1147 P2612 (Documentation on legal proceedings against Šunjerga for the murder of Manda Tišma), p. 9.1148 P2612 (Documentation on legal proceedings against Šunjerga for the murder of Manda Tišma), p. 20.1149 P2612 (Documentation on legal proceedings against Šunjerga for the murder of Manda Tišma), p. 16.1150 P2612 (Documentation on legal proceedings against Šunjerga for the murder of Manda Tišma), pp.18, 19.167Case No.: IT-06-90-T 15 April 2011 `

39149and blood stains at door frames and in yards the Tri<strong>al</strong> Chamber is satisfied that the nineVarivode villagers were killed.308. The evidence indicates that VP crime investigators were involved in theVarivode killings investigation because HV members’ involvement was suspected and acamouflaged HV TAM Truck was apparently seen at the time and place of the crime.The investigators related unsourced information that four masked men in camouflage orblack uniforms committed the killings. However, the evidence of the Croatianinvestigations into the incident is inconclusive as to the identity or affiliation, if any, ofthe perp<strong>et</strong>rators. The Croatian investigation does not provide further d<strong>et</strong>ails as to thefactu<strong>al</strong> basis for these qu<strong>al</strong>ifications. Consequently, the Tri<strong>al</strong> Chamber cannot assesswh<strong>et</strong>her these qu<strong>al</strong>ifications were made on a proper factu<strong>al</strong> basis. Croatianinvestigations regarding the TAM truck were <strong>al</strong>so inconclusive. Nikola Rašić, IvanJakovljević, Zlatko Ladović and Nedjeljko Mijić were indicted and then acquitted of thekillings in Varivode by a Zadar Court. On appe<strong>al</strong>, the acquitt<strong>al</strong> was quashed and thecase was transferred to a Šibenik Court after which the Šibenik Prosecutor dropped thecharges as he concluded there was no reliable evidence against the accused. Accordingto Simić and Žganjer, Goran Vunić was <strong>al</strong>so suspected of having been involved in themurders. However, Mrkota terminated the origin<strong>al</strong> investigations into Vunić’sinvolvement with Varivode and the evidence does not establish the results, if any, of theinvestigations into Vunić’s involvement which were resumed in 2002. The Tri<strong>al</strong>Chamber has received no other reliable evidence about which armed forces, if any, theperp<strong>et</strong>rators belonged to. The Tri<strong>al</strong> Chamber is therefore unable to draw anyconclusions regarding the identity or affiliation of the perp<strong>et</strong>rators. Under thesecircumstances, the Tri<strong>al</strong> Chamber will not further consider this incident in relation toCounts 1, 6, and 7 of the Indictment.309. The evidence with regard to “many recently burnt and partly damaged houses”does not indicate how and by whom the houses were burnt and damaged and the Tri<strong>al</strong>Chamber will therefore not further consider this incident in relation to Counts 1 and 5.166Case No.: IT-06-90-T 15 April 2011 `

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