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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39089390. According to the evidence received, groups of persons clad in camouflage anddescribed as soldiers with lightning badges on their sleeves, moved through Plavno inthe morning of 25 August 1995 in the direction of Grubori. Shortly thereafter, gunfirecould be heard and smoke rose above Grubori. The Trial Chamber has further receivedevidence which shows that the Lučko unit of the Special Police moved through Gruborion 25 August 1995. Some evidence suggests that the Lučko unit encountered what wasreferred to as a Serb terrorist group during their operation on 25 August 1995. The TrialChamber is mindful of the fact that some of the direct evidence received about thisincident stems from individuals who were members of the Special Police at the time andkept in mind that some of these persons may have had ulterior motives for makingcertain statements or acting in a certain way. In this respect, the Trial Chamber alsoconsidered the fact that the Lučko unit’s group leaders did not indicate, neither duringnor after the search, that anything noteworthy, such as a terrorist encounter, hadhappened during the search operation. Considering all of the above, the Trial Chamberfinds that members of the Lučko unit of the Special Police killed the five victimsmentioned above, burnt houses, and shot or burnt animals in Grubori on 25 August1995. Considering the ethnic composition of Plavno in 1991, Jovan Grubor’s evidenceon the amount of Serb families in Plavno (see chapter 4.2.9), and the accounts ofGrubori villagers, the Trial Chamber finds that the vast majority, if not all, of the housesand animals destroyed were owned (or inhabited) by Krajina Serbs. The Trial Chamberwill further consider this incident in relation to Counts 1, 5, 6, and 7 of the Indictment inchapters 5.3.2, 5.5.2, and 5.8.2 below.Jovica Plavša (Further Clarification no. 126)391. The Trial Chamber has received relevant evidence with regard to the allegedmurder of Jovica Plavša through the testimony of Nikola Plavša and forensicdocumentation.392. Nikola Plavša, a Serb from Golubić in Knin municipality, 1710 testified that in theevening of 4 August 1995 his son, also named Nikola Plavša, and his son’s wife left thevillage. 1711 According to the witness, they left because everybody was leaving. 1712 The1710 P2503 (Nikola Plavša, witness statement, 9 September 2003), pp. 1, 10, paras 1-2; D1455 (NikolaPlavša reimbursement claim documents), pp. 2-3.1711 P2503 (Nikola Plavša, witness statement, 9 September 2003), para. 2.226Case No.: IT-06-90-T 15 April 2011 `

39088witness stayed in Golubić with his wife and other son, Jovica. 1713 According to thewitness, Jovica had been a village guard in the SVK until 1994, when he left the armyfor health reasons. 1714 In a 2005 letter relating to a reimbursement claim, Nikola Plavšawrote that Jovica had not been relieved of guard duties and still had a rifle and auniform. 1715 On 5 August 1995, around 9 or 10 a.m., two young men entered Nikola’sfront yard, while a third appeared on a nearby balcony. 1716 The men wore camouflageuniforms, with HVO insignia, and red berets. 1717 They carried automatic rifles. 1718 Themen also had grenades, and one of them had a holstered pistol. 1719 Jovica Plavša, bornon 3 January 1968, was in the front yard preparing coffee. 1720 Jovica Plavša waswearing black jeans and a striped shirt. 1721 The witness was standing some two to threemetres from Jovica. 1722 The men asked Jovica if he had any weapons, and Jovica repliedthat he did not. 1723 The men then handcuffed Jovica’s arms in front of his body, tookhim out of the yard, and left in the direction of Džepine hamlet. 1724 The witness tried tofollow them, but the men told him not to do so. 1725 According to an official notecompiled on 2 June 2005 by the Croatian crime police, the witness stated that one of themen suggested they kill the witness, to which another replied that they should leave theold man. 1726 Approximately ten minutes later, the witness heard a shot nearby, from thedirection where the men had gone. 1727 Soon after, he headed in that direction. 1728 After1712 P2503 (Nikola Plavša, witness statement, 9 September 2003), para. 2; D1455 (Nikola Plavšareimbursement claim documents), pp. 3, 5.1713 P2503 (Nikola Plavša, witness statement, 9 September 2003), para. 2; D1455 (Nikola Plavšareimbursement claim documents), pp. 3, 5, 12.1714 P2503 (Nikola Plavša, witness statement, 9 September 2003), para. 14; D1455 (Nikola Plavšareimbursement claim documents), p. 5.1715 D1455 (Nikola Plavša reimbursement claim documents), p. 5.1716 P2503 (Nikola Plavša, witness statement, 9 September 2003), paras 3-4; D1455 (Nikola Plavšareimbursement claim documents), pp. 1-3, 5.1717 P2503 (Nikola Plavša, witness statement, 9 September 2003), para. 4; D1455 (Nikola Plavšareimbursement claim documents), pp. 1-3, 5.1718 P2503 (Nikola Plavša, witness statement, 9 September 2003), para. 4; D1455 (Nikola Plavšareimbursement claim documents), p. 3.1719 D1455 (Nikola Plavša reimbursement claim documents), p. 3.1720 P2503 (Nikola Plavša, witness statement, 9 September 2003), paras 1, 3; D1455 (Nikola Plavšareimbursement claim documents), pp. 1-3, 5, 12.1721 P2503 (Nikola Plavša, witness statement, 9 September 2003), para. 5; D1455 (Nikola Plavšareimbursement claim documents), p. 6.1722 P2503 (Nikola Plavša, witness statement, 9 September 2003), para. 4.1723 P2503 (Nikola Plavša, witness statement, 9 September 2003), para. 4.1724 P2503 (Nikola Plavša, witness statement, 9 September 2003), para. 4; D1455 (Nikola Plavšareimbursement claim documents), pp. 1-3, 5; D1457 (Maps of Golubić), pp. 1-2.1725 P2503 (Nikola Plavša, witness statement, 9 September 2003), para. 4; D1455 (Nikola Plavšareimbursement claim documents), pp. 3, 5.1726 D1455 (Nikola Plavša reimbursement claim documents), pp. 2-3.1727 P2503 (Nikola Plavša, witness statement, 9 September 2003), para. 6; D1455 (Nikola Plavšareimbursement claim documents), pp. 3, 5.227Case No.: IT-06-90-T 15 April 2011 `

39089390. According to the evidence received, groups of persons clad in camouflage anddescribed as soldiers with lightning badges on their sleeves, moved through Plavno inthe morning of 25 August 1995 in the direction of Grubori. Shortly thereafter, gunfirecould be heard and smoke rose above Grubori. The Tri<strong>al</strong> Chamber has further receivedevidence which shows that the Lučko unit of the Speci<strong>al</strong> Police moved through Gruborion 25 August 1995. Some evidence suggests that the Lučko unit encountered what wasreferred to as a Serb terrorist group during their operation on 25 August 1995. The Tri<strong>al</strong>Chamber is mindful of the fact that some of the direct evidence received about thisincident stems from individu<strong>al</strong>s who were members of the Speci<strong>al</strong> Police at the time andkept in mind that some of these persons may have had ulterior motives for makingcertain statements or acting in a certain way. In this respect, the Tri<strong>al</strong> Chamber <strong>al</strong>soconsidered the fact that the Lučko unit’s group leaders did not indicate, neither duringnor after the search, that anything noteworthy, such as a terrorist encounter, hadhappened during the search operation. Considering <strong>al</strong>l of the above, the Tri<strong>al</strong> Chamberfinds that members of the Lučko unit of the Speci<strong>al</strong> Police killed the five victimsmentioned above, burnt houses, and shot or burnt anim<strong>al</strong>s in Grubori on 25 August1995. Considering the <strong>et</strong>hnic composition of Plavno in 1991, Jovan Grubor’s evidenceon the amount of Serb families in Plavno (see chapter 4.2.9), and the accounts ofGrubori villagers, the Tri<strong>al</strong> Chamber finds that the vast majority, if not <strong>al</strong>l, of the housesand anim<strong>al</strong>s destroyed were owned (or inhabited) by Krajina Serbs. The Tri<strong>al</strong> Chamberwill further consider this incident in relation to Counts 1, 5, 6, and 7 of the Indictment inchapters 5.3.2, 5.5.2, and 5.8.2 below.Jovica Plavša (Further Clarification no. 126)391. The Tri<strong>al</strong> Chamber has received relevant evidence with regard to the <strong>al</strong>legedmurder of Jovica Plavša through the testimony of Nikola Plavša and forensicdocumentation.392. Nikola Plavša, a Serb from Golubić in Knin municip<strong>al</strong>ity, 1710 testified that in theevening of 4 August 1995 his son, <strong>al</strong>so named Nikola Plavša, and his son’s wife left thevillage. 1711 According to the witness, they left because everybody was leaving. 1712 The1710 P2503 (Nikola Plavša, witness statement, 9 September 2003), pp. 1, 10, paras 1-2; D1455 (NikolaPlavša reimbursement claim documents), pp. 2-3.1711 P2503 (Nikola Plavša, witness statement, 9 September 2003), para. 2.226Case No.: IT-06-90-T 15 April 2011 `

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