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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39147convicted Šunjerga on 29 November 2002 of murder in the death of Tišma and thatthere is no indication in the evidence that this judgement did not become final underCroatian law. Based on P2612 the Trial Chamber also finds that the victim was of Serbethnicity. The Trial Chamber will further consider this incident in relation to Counts 1,6, and 7 of the Indictment in chapters 5.3.2 and 5.8.2 (b) below.4.1.9 Knin municipalityNikola Dragičević and others (Schedule no. 1)313. The Trial Chamber has heard relevant evidence with regard to Scheduled Killingnumber 1, primarily through the testimonies of Witness 1, Dušan Dragičević, andWitness 13. They were all eyewitnesses to the incident and the Trial Chamber willreview their testimonies in detail. The Trial Chamber has also heard relevant evidencewith regard to several instances of alleged unlawful detentions, primarily through thetestimonies of the same witnesses.314. Witness 1, a Serb from a village in Knin municipality and a cook in the SVKwho was on sick leave from July 1995 onwards, 1151 testified that on 4 August 1995 atabout 5 a.m., the area near Polača was shelled. 1152 He testified to hearing the sound ofgunfire in the early morning and again at approximately 1 or 2 p.m. 1153 According toWitness 1, at around 2 p.m., two shells fell behind Saint Peter’s church in Polača. 1154Witness 1 testified that at the time, there were mainly women, children, and elderlypeople in Polača. 1155 According to Witness 1, people had been talking all day about theSVK’s warnings to flee to Pañani in Knin municipality. 1156 Between 8 and 9 p.m. on 41151 P858 (Witness 1, witness statement, 18 August 2000), pp. 1-3; P859 (Witness 1, witness statement, 21September 2004), paras 1-2; D781 (Witness 1, witness statement, 18 July 2008), pp. 1-2; Witness 1, T.8774-8775; D776 (Witness 1, MUP official note of interview with Witness 1, 17 August 1995), pp. 1-2;D780 (MUP official record of interview with Witness 1, 17 July 2008), p. 1; D783 (Witness 1, Veritaswitness statement, 13 February 1996), p. 11152 D783 (Witness 1, Veritas witness statement, 13 February 1996), p. 1.1153 P860 (Witness 1, witness statement, 9 July 2007), paras 2-3; D781 (Witness 1, witness statement, 18July 2008), p. 2; Witness 1, T. 8742; D780 (MUP official record of interview with Witness 1, 17 July2008), p. 1.1154 D781 (Witness 1, witness statement, 18 July 2008), p. 2; Witness 1, T. 8717-8718.1155 P860 (Witness 1, witness statement, 9 July 2007), para. 2.1156 P858 (Witness 1, witness statement, 18 August 2000), p. 2; P859 (Witness 1, witness statement, 21September 2004), para. 3; D781 (Witness 1, witness statement, 18 July 2008), p. 2; Witness 1, T. 8718,8721; D780 (MUP official record of interview with Witness 1, 17 July 2008), p. 1.168Case No.: IT-06-90-T 15 April 2011 `

39146August 1995, people started fleeing the village by car and tractor. 1157 The majority ofthe villagers left. 1158 According to the 1991 Population Census, Polača consisted of1,577 Serbs out of a total of 1,586 persons in 1991. 1159315. At 4-5 a.m. on 5 August 1995, Witness 1’s uncle who was serving in the SVK atthe time informed Witness 1 that all soldiers in his uncle’s military unit had left thearea. 1160 At that point, Witness 1 decided to flee, and between 7 and 8:30 a.m., Witness1 left with others aboard a tractor driven by Mile Dragičević. 1161 A Stojadin passengervehicle, driven by Dušan Dragičević, followed the tractor. 1162 There were approximately20-23 individuals, of which at least three were women, who fled along with Witness1. 1163 Of those who travelled on the tractor, Witness 1 testified that like himself and hisuncle, Mićo Dragičević and Sava Čeko were also members of the SVK. 1164 DušanDragičević and Vinetu Dragičević, who was also travelling in the Stojadin passengervehicle that followed the tractor, were also in the SVK. 1165 Witness 1 further testifiedthat he and Mico Dragičević wore military uniforms, which were old and plaingreen. 1166 The tractor was also loaded with the passengers’ belongings and food suppliesincluding bags of wheat and smoked ham. 1167 At about 10 a.m. the tractor was about toenter Kovačić in Knin municipality when Witness 1 saw three tanks, displaying theCroatian red and white checkerboard, at a junction between the roads leading to Knin,1157 P858 (Witness 1, witness statement, 18 August 2000), p. 2; P859 (Witness 1, witness statement, 21September 2004), para. 3; Witness 1, T. 8718-8719, 8772.1158 P858 (Witness 1, witness statement, 18 August 2000), p. 2; D783 (Witness 1, Veritas witnessstatement, 13 February 1996), p. 1.1159 C5 (State Bureau of Statistics Population Census of 1991, National Structure of the Population ofCroatia According to Settlement), p. 110.1160 P860 (Witness 1, witness statement, 9 July 2007), paras 2, 4; Witness 1, T. 8730-8731; D783(Witness 1, Veritas witness statement, 13 February 1996), p. 1.1161 P858 (Witness 1, witness statement, 18 August 2000), p. 2; P859 (Witness 1, witness statement, 21September 2004), para. 4; D781 (Witness 1, witness statement, 18 July 2008), p. 2; Witness 1, T. 8702;D780 (MUP official record of interview with Witness 1, 17 July 2008), p. 1; D783 (Witness 1, Veritaswitness statement, 13 February 1996), p. 1.1162 P859 (Witness 1, witness statement, 21 September 2004), para. 4; D781 (Witness 1, witnessstatement, 18 July 2008), p. 2; D780 (MUP official record of interview with Witness 1, 17 July 2008), p.1.1163 P858 (Witness 1, witness statement, 18 August 2000), p. 2; P859 (Witness 1, witness statement, 21September 2004), para. 4; P860 (Witness 1, witness statement, 9 July 2007), para. 5; D781 (Witness 1,witness statement, 18 July 2008), p. 2; D780 (MUP official record of interview with Witness 1, 17 July2008), p. 1.1164 P858 (Witness 1, witness statement, 18 August 2000), p. 2; Witness 1, T. 8704, 8737, 8762.1165 Witness 1, T. 8734, 8762, 8782.1166 P859 (Witness 1, witness statement, 21 September 2004), para. 4; Witness 1, T. 8703-8704, 8750,8764.1167 D781 (Witness 1, witness statement, 18 July 2008), p. 2.169Case No.: IT-06-90-T 15 April 2011 `

39146August 1995, people started fleeing the village by car and tractor. 1157 The majority ofthe villagers left. 1158 According to the 1991 Population Census, Polača consisted of1,577 Serbs out of a tot<strong>al</strong> of 1,586 persons in 1991. 1159315. At 4-5 a.m. on 5 August 1995, Witness 1’s uncle who was serving in the SVK atthe time informed Witness 1 that <strong>al</strong>l soldiers in his uncle’s military unit had left thearea. 1160 At that point, Witness 1 decided to flee, and b<strong>et</strong>ween 7 and 8:30 a.m., Witness1 left with others aboard a tractor driven by Mile Dragičević. 1161 A Stojadin passengervehicle, driven by Dušan Dragičević, followed the tractor. 1162 There were approximately20-23 individu<strong>al</strong>s, of which at least three were women, who fled <strong>al</strong>ong with Witness1. 1163 Of those who travelled on the tractor, Witness 1 testified that like himself and hisuncle, Mićo Dragičević and Sava Čeko were <strong>al</strong>so members of the SVK. 1164 DušanDragičević and Vin<strong>et</strong>u Dragičević, who was <strong>al</strong>so travelling in the Stojadin passengervehicle that followed the tractor, were <strong>al</strong>so in the SVK. 1165 Witness 1 further testifiedthat he and Mico Dragičević wore military uniforms, which were old and plaingreen. 1166 The tractor was <strong>al</strong>so loaded with the passengers’ belongings and food suppliesincluding bags of wheat and smoked ham. 1167 At about 10 a.m. the tractor was about toenter Kovačić in Knin municip<strong>al</strong>ity when Witness 1 saw three tanks, displaying theCroatian red and white checkerboard, at a junction b<strong>et</strong>ween the roads leading to Knin,1157 P858 (Witness 1, witness statement, 18 August 2000), p. 2; P859 (Witness 1, witness statement, 21September 2004), para. 3; Witness 1, T. 8718-8719, 8772.1158 P858 (Witness 1, witness statement, 18 August 2000), p. 2; D783 (Witness 1, Veritas witnessstatement, 13 February 1996), p. 1.1159 C5 (State Bureau of Statistics Population Census of 1991, Nation<strong>al</strong> Structure of the Population ofCroatia According to S<strong>et</strong>tlement), p. 110.1160 P860 (Witness 1, witness statement, 9 July 2007), paras 2, 4; Witness 1, T. 8730-8731; D783(Witness 1, Veritas witness statement, 13 February 1996), p. 1.1161 P858 (Witness 1, witness statement, 18 August 2000), p. 2; P859 (Witness 1, witness statement, 21September 2004), para. 4; D781 (Witness 1, witness statement, 18 July 2008), p. 2; Witness 1, T. 8702;D780 (MUP offici<strong>al</strong> record of interview with Witness 1, 17 July 2008), p. 1; D783 (Witness 1, Veritaswitness statement, 13 February 1996), p. 1.1162 P859 (Witness 1, witness statement, 21 September 2004), para. 4; D781 (Witness 1, witnessstatement, 18 July 2008), p. 2; D780 (MUP offici<strong>al</strong> record of interview with Witness 1, 17 July 2008), p.1.1163 P858 (Witness 1, witness statement, 18 August 2000), p. 2; P859 (Witness 1, witness statement, 21September 2004), para. 4; P860 (Witness 1, witness statement, 9 July 2007), para. 5; D781 (Witness 1,witness statement, 18 July 2008), p. 2; D780 (MUP offici<strong>al</strong> record of interview with Witness 1, 17 July2008), p. 1.1164 P858 (Witness 1, witness statement, 18 August 2000), p. 2; Witness 1, T. 8704, 8737, 8762.1165 Witness 1, T. 8734, 8762, 8782.1166 P859 (Witness 1, witness statement, 21 September 2004), para. 4; Witness 1, T. 8703-8704, 8750,8764.1167 D781 (Witness 1, witness statement, 18 July 2008), p. 2.169Case No.: IT-06-90-T 15 April 2011 `

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