Gotovina et al Judgement Volume I - ICTY

Gotovina et al Judgement Volume I - ICTY Gotovina et al Judgement Volume I - ICTY

12.07.2015 Views

39099their engagement would last approximately seven days. 1601 Approximately 46 membersof the unit left Zagreb in the night of 24 August or early in the morning on 25 August1995. 1602 When they arrived in Gračac at 7 a.m. on 25 August 1995, Zdravko Janić gaveČelić and the unit oral orders about which part of the terrain they were to search. 1603Janić informed them that there was a possibility that a “terrorist group” had stayedbehind in the area. 1604 Janić also cautioned the unit that there were civilians in the areaand emphasized that these civilians should be treated according to international law andif encountered taken to a safe area. 1605 Čelić stated that they knew how to treat prisonersand that they were cautioned about the Geneva Conventions. 1606 Čelić further stated thatthe unit had no lists of names of wanted persons or known terrorists. 1607 The witnesstestified that there was no instruction not to take prisoners, nor a shoot-to-kill policy, onthat day. 1608371. Čelić testified that he was commander at the unit level for this operation and thathe had never before been in charge of any search operation. 1609 His superior wasZdravko Janić. 1610 The unit was divided into four groups, with eight to twelve meneach. 1611 The leaders of the four groups were Branko Balunović, Stjepan Žinić, BožoKrajina, and Frano Drljo. 1612 Čelić emphasized that the four groups consisted1601 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part I, p. 15, Part II, pp. 4, 6; P762(Josip Čelić, witness interview of 13-14 January 2005), Part I, pp. 94, 157, 190-192, Part III, pp. 15-16;P558 (Order to the commander of the Lučko Unit from Željko Sačić, 24 August 1995).1602 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, pp. 5-6, 29; P762 (JosipČelić, witness interview of 13-14 January 2005), Part I, pp. 143-146, 185, Part III, p. 165-166; P606(Wartime record of the Lučko unit, 16 February 1998), pp. 11-12; P625 (List of Lučko Unit personnelwho took part in Operation Storm-Encirclement on 25 August 1995), pp. 1-9.1603 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, pp. 8, 10; P762 (Josip Čelić,witness interview of 13-14 January 2005), Part I, pp. 142-143, 146-149, 186-187; Josip Čelić, T. 8072-8073, 8095; P772 (Josip Čelić, MUP official note of interview with Josip Čelić, 5 December 2001), p. 1.1604 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, pp. 17, 20; P762 (Josip Čelić,witness interview of 13-14 January 2005), Part I, pp. 149-151, 154, 171, 192; Josip Čelić, T. 7987, 8070-8071; P772 (Josip Čelić, MUP official note of interview with Josip Čelić, 5 December 2001), p. 2.1605 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, pp. 9-10; P762 (Josip Čelić,witness interview of 13-14 January 2005), Part I, pp. 149, 151, 153, 155, 171-174, 193-194.1606 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, p. 17.1607 P762 (Josip Čelić, witness interview of 13-14 January 2005), Part I, pp. 153-155.1608 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, p. 35.1609 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part I, p. 58, Part II, pp. 19, 22; P762(Josip Čelić, witness interview of 13-14 January 2005), Part I, pp. 10, 135-136; Josip Čelić, T. 7935,8073, 8090, 8112.1610 Josip Čelić, T. 7935, 8073.1611 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, pp. 19, 28-29; P762 (JosipČelić, witness interview of 13-14 January 2005), Part I, pp. 156-157, 159-160, 172-173.1612 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, p. 19; P762 (Josip Čelić,witness interview of 13-14 January 2005), Part I, pp. 160-164, 176-177; P772 (Josip Čelić, MUP officialnote of interview with Josip Čelić, 5 December 2001), p. 1.216Case No.: IT-06-90-T 15 April 2011 `

39098exclusively of members of the Lučko unit. 1613 The unit was armed with pistols andrifles. 1614 The unit did not have any weapons for launching grenades or any anti-tankarmoury with them. 1615 Further, the unit did not have any artillery support. 1616 Themeans of communication between the groups was Motorola radios. 1617372. The Lučko unit, as well as Janić, went to the area where the search was to takeplace. 1618 They left their vehicles on the road when commencing to search theterrain. 1619 The approximately ten vehicles were in different colours: blue, with MUPmarkings, white, and green. 1620 Soon after the operation started, the drivers took thevehicles to the end point of the search. 1621 The search started around 9:30 a.m. 1622Before Čelić let the groups go he repeated the order and emphasized that there werecivilians in the area and that they were supposed to be treated well, identified, and takento a safe area. 1623 He also reminded the men how to treat prisoners. 1624373. Soon after setting out, the unit encountered a few civilians. 1625 The witnessbelieved it was one man and two elderly women. 1626 The witness contacted some men atthe vehicles and asked them to come and get the civilians, and even fired a shot in the1613 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, pp. 29-30; P762 (Josip Čelić,witness interview of 13-14 January 2005), Part II, p. 6.1614 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, p. 31; P762 (Josip Čelić,witness interview of 13-14 January 2005), Part I, p. 27; Josip Čelić, T. 7985-7986; P625 (List of LučkoUnit personnel who took part in Operation Storm-Encirclement on 25 August 1995), pp. 1-9.1615 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, p. 31; P762 (Josip Čelić,witness interview of 13-14 January 2005), Part II, pp. 14-15; P625 (List of Lučko Unit personnel whotook part in Operation Storm-Encirclement on 25 August 1995), pp. 1-9.1616 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, p. 31.1617 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, p. 16; P762 (Josip Čelić,witness interview of 13-14 January 2005), Part II, p. 16; Josip Čelić, T. 8091; P772 (Josip Čelić, MUPofficial note of interview with Josip Čelić, 5 December 2001), p. 2.1618 P762 (Josip Čelić, witness interview of 13-14 January 2005), Part I, pp. 147-148, 156, 186.1619 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, p. 12.1620 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, pp. 12-14.1621 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, p. 14; P762 (Josip Čelić,witness interview of 13-14 January 2005), Part II, pp. 5, 22.1622 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, p. 15; P762 (Josip Čelić,witness interview of 13-14 January 2005), Part II, p. 8; Josip Čelić, T. 8095; P772 (Josip Čelić, MUPofficial note of interview with Josip Čelić, 5 December 2001), p. 2.1623 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, pp. 21-22; P762 (Josip Čelić,witness interview of 13-14 January 2005), Part I, pp. 155, 172, 174, 177-178, Part II, p. 12, Part III, p. 47;Josip Čelić, T. 7960, 7976, 8096; P772 (Josip Čelić, MUP official note of interview with Josip Čelić, 5December 2001), p. 2.1624 P762 (Josip Čelić, witness interview of 13-14 January 2005), Part II, pp. 11-12.1625 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, pp. 22, 25; P762 (Josip Čelić,witness interview of 13-14 January 2005), Part II, p. 13; Josip Čelić, T. 7980, 8011; P772 (Josip Čelić,MUP official note of interview with Josip Čelić, 5 December 2001), p. 2.1626 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, p. 22; P762 (Josip Čelić,witness interview of 13-14 January 2005), Part II, p. 13; P772 (Josip Čelić, MUP official note ofinterview with Josip Čelić, 5 December 2001), p. 2.217Case No.: IT-06-90-T 15 April 2011 `

39098exclusively of members of the Lučko unit. 1613 The unit was armed with pistols andrifles. 1614 The unit did not have any weapons for launching grenades or any anti-tankarmoury with them. 1615 Further, the unit did not have any artillery support. 1616 Themeans of communication b<strong>et</strong>ween the groups was Motorola radios. 1617372. The Lučko unit, as well as Janić, went to the area where the search was to takeplace. 1618 They left their vehicles on the road when commencing to search th<strong>et</strong>errain. 1619 The approximately ten vehicles were in different colours: blue, with MUPmarkings, white, and green. 1620 Soon after the operation started, the drivers took thevehicles to the end point of the search. 1621 The search started around 9:30 a.m. 1622Before Čelić l<strong>et</strong> the groups go he repeated the order and emphasized that there werecivilians in the area and that they were supposed to be treated well, identified, and takento a safe area. 1623 He <strong>al</strong>so reminded the men how to treat prisoners. 1624373. Soon after s<strong>et</strong>ting out, the unit encountered a few civilians. 1625 The witnessbelieved it was one man and two elderly women. 1626 The witness contacted some men atthe vehicles and asked them to come and g<strong>et</strong> the civilians, and even fired a shot in the1613 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, pp. 29-30; P762 (Josip Čelić,witness interview of 13-14 January 2005), Part II, p. 6.1614 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, p. 31; P762 (Josip Čelić,witness interview of 13-14 January 2005), Part I, p. 27; Josip Čelić, T. 7985-7986; P625 (List of LučkoUnit personnel who took part in Operation Storm-Encirclement on 25 August 1995), pp. 1-9.1615 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, p. 31; P762 (Josip Čelić,witness interview of 13-14 January 2005), Part II, pp. 14-15; P625 (List of Lučko Unit personnel whotook part in Operation Storm-Encirclement on 25 August 1995), pp. 1-9.1616 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, p. 31.1617 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, p. 16; P762 (Josip Čelić,witness interview of 13-14 January 2005), Part II, p. 16; Josip Čelić, T. 8091; P772 (Josip Čelić, MUPoffici<strong>al</strong> note of interview with Josip Čelić, 5 December 2001), p. 2.1618 P762 (Josip Čelić, witness interview of 13-14 January 2005), Part I, pp. 147-148, 156, 186.1619 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, p. 12.1620 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, pp. 12-14.1621 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, p. 14; P762 (Josip Čelić,witness interview of 13-14 January 2005), Part II, pp. 5, 22.1622 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, p. 15; P762 (Josip Čelić,witness interview of 13-14 January 2005), Part II, p. 8; Josip Čelić, T. 8095; P772 (Josip Čelić, MUPoffici<strong>al</strong> note of interview with Josip Čelić, 5 December 2001), p. 2.1623 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, pp. 21-22; P762 (Josip Čelić,witness interview of 13-14 January 2005), Part I, pp. 155, 172, 174, 177-178, Part II, p. 12, Part III, p. 47;Josip Čelić, T. 7960, 7976, 8096; P772 (Josip Čelić, MUP offici<strong>al</strong> note of interview with Josip Čelić, 5December 2001), p. 2.1624 P762 (Josip Čelić, witness interview of 13-14 January 2005), Part II, pp. 11-12.1625 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, pp. 22, 25; P762 (Josip Čelić,witness interview of 13-14 January 2005), Part II, p. 13; Josip Čelić, T. 7980, 8011; P772 (Josip Čelić,MUP offici<strong>al</strong> note of interview with Josip Čelić, 5 December 2001), p. 2.1626 P761 (Josip Čelić, witness interview of 25-26 November 2002), Part II, p. 22; P762 (Josip Čelić,witness interview of 13-14 January 2005), Part II, p. 13; P772 (Josip Čelić, MUP offici<strong>al</strong> note ofinterview with Josip Čelić, 5 December 2001), p. 2.217Case No.: IT-06-90-T 15 April 2011 `

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