Gotovina et al Judgement Volume I - ICTY

39129removed a man who wore what Dušan Dragičević described as a green Serbian Krajinauniform from a Mercedes car, which had stopped behind the tractor. They ordered thisman to lie down on the road and searched his car. They boasted about having killed a lotof “Chetniks”. The operative logbook of the 4th Guards Brigade records that on the dayof this incident, at 11:04 a.m., the 7th Guards Brigade requested a medical team. On thatsame day, at 11:07 a.m., the same operative logbook records that the 7th GuardsBrigade had entered Knin from the direction of Kovačić, in Knin municipality. TheTrial Chamber has in this respect also considered the evidence underlying its findingswith regard to the alleged murder of Ilija Šarac. Considering that Dušan Dragičević sawthe insignia of the 7th Guards Brigade on the uniforms of the soldiers who opened fireon the convoy, and the recorded movements of the same unit in the vicinity of Kovačićthat day, the Trial Chamber finds that the persons who killed Nikola Dragičević, SavaČeko, and Mile Dragičević were members of the HV 7th Guards Brigade. As for theevidence regarding the alleged death of Savo Milovojević, the Trial Chamberconsidered the state of consciousness of Witness 1 at the time as well as the hearsay andunsourced nature of the evidence, and decided not to further consider this incident.331. When assessing the ethnicity of the victims, the Trial Chamber considered thataccording to Croatian reports on the circumstances of their deaths (exhibits P865, P867,and P869), which are based on information provided by their relatives, NikolaDragičević, Sava Čeko, and Mile Dragičević were of Serb ethnicity. The Trial Chamberfurther considered that according to Witness 1, on 4 August 1995, people in his villagewho had not already left had been talking about the SVK’s warnings to flee to Pañani inKnin municipality. Similarly, the Trial Chamber noted that Witness 1, a Serb, was acook in the SVK and his uncle, Mićo Dragičević, and Sava Čeko, who were also on thetractor, were members of the SVK. Dušan Dragičević, another member of the convoyand the son of Mile Dragičević, was a Serb on sick leave from the SVK and travelledwith Vinetu Dragičević, a further member of the SVK. Witness 13 and Pera Bilbijawere also Serbs on the tractor. Based on this evidence, the Trial Chamber finds thatNikola Dragičević, Sava Čeko, and Mile Dragičević were of Serb ethnicity. The TrialChamber will further consider this incident in relation to Counts 1, 6, 7, 8, and 9 of theIndictment in chapters 5.3.2, 5.7.2, and 5.8.2 below.332. Based on the evidence of Dušan Dragičević and Witness 1, as well as its findingthat the persons who killed Nikola Dragičević, Sava Čeko, and Mile Dragičević were186Case No.: IT-06-90-T 15 April 2011 `