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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39067detained for 40 days with about 2,000 other people. 1930 During this time they wereguarded by armed Croatian police officers and initially given one meal per day whichafter the first 15 days became one cooked and two dry meals per day. 1931 Dušan Torbicastated that he saw a Red Cross official visit two or three times. 1932 The witness did notsee anyone being physically mistreated, though the guards did verbally abuse thedetainees; cursing their mothers and saying that it was not the Krajina, but Croatia. 1933After 40 days the witness was transported along with his wife and around 1,800 othersby buses to Serbia by the Red Cross. 1934 They were taken by Croatian trucks to SremskaMitrovica in Serbia, from where they were taken in Serbian trucks to different refugeecentres. 1935 Dušan Torbica and his wife returned to Torbica in 1998. 1936424. The Trial Chamber has received forensic evidence with regard to all five allegedmurders. According to this, on 14 August 1995, male bodies KN01/374B (numbered420), KN01/412B (numbered 421), KN01/415B (numbered 423), KN01/416B(numbered 418), and KN01/417B (numbered 424) were found in Stara Straža in Kninmunicipality and buried at a local cemetery in Knin. 1937425. Body KN01/374B (numbered 420) was wearing a white short-sleeved T-shirt,grey military trousers, and black shoes. 1938 Body KN01/374B, exhumed on 28 June2001 or 3 July 2001 from a cemetery in Knin with a metal tag marked “420” and adriver’s licence, wearing clothing including olive green trousers with a leather belt andboots, was an approximately 1.67-1.82-metre-tall male between 30 and 40 years old,with three gunshot injuries, including one passing diagonally through the head from thefront to the left temporal region and which was found by the forensic pathologist to bethe likely cause of death. 1939 On 16 April 2002, body KN01/374B was DNA-identified1930 P630 (Dušan Torbica, witness statement, 9 September 2003), paras 9-10; P654 (Report by Zadar-Knin Police Administration with list of people at the Knin collection centre, 7 August 1995).1931 P630 (Dušan Torbica, witness statement, 9 September 2003), para. 9.1932 P630 (Dušan Torbica, witness statement, 9 September 2003), para. 9.1933 P630 (Dušan Torbica, witness statement, 9 September 2003), paras 10-11.1934 P630 (Dušan Torbica, witness statement, 9 September 2003), paras 9-10.1935 P630 (Dušan Torbica, witness statement, 9 September 2003), para. 10.1936 P630 (Dušan Torbica, witness statement, 9 September 2003), para. 10.1937 P652 (Marija Večerina, witness statement, 16 October 2003), para. 22; P657 (Information on bodyKN01/374B, ID No. 420, with photograph); P661 (Information on body KN01/412B, ID No. 421, withphotograph); P664 (Information on body KN01/416B, ID No. 418, with photograph); P667 (Informationon body KN01/417B, ID No. 424, with photograph); P672 (Information on body KN01/415B, ID No.423, with photograph).1938 P657 (Information on body KN01/374B, ID No. 420, with photograph).1939 P658 (Autopsy report of KN01/374B, 26 July 2001), pp. 1-5, 7-11, 13-15, 18-19; P1887 (Photographof skull, KN01/374B).248Case No.: IT-06-90-T 15 April 2011 `

39066as Stevan Baljak, born in 1966. 1940 According to a report of the Zagreb Institute forForensic Medicine, dated 16 April 2002 and based on details provided by his father,Stevan Baljak, a Serb with Yugoslav citizenship born on 9 January 1966, died from agunshot injury to the head in Knin, on 5 August 1995. 1941 Marija Večerina testified thatStevan Baljak had been wearing a military uniform. 1942426. KN01/412B (numbered 421) was wearing a dark shirt with epaulettes, darktrousers, and black boots. 1943 Body KN01/412B, exhumed on 27 June or 2 July 2001from a cemetery in Knin with a metal tag marked “421”, wearing clothing including along-sleeved grey shirt, green trousers with a leather belt and boots, was anapproximately 1.77-1.92-metre-tall male between 30 and 45 years old, with two or threegunshot injuries, including one to the neck which was found by the forensic pathologistto be the likely cause of death. 1944 On 20 June 2002, body KN01/412B was identified byclassical method as ðuro Mačak, born on 2 May 1955. 1945 According to a report of theZagreb Institute for Forensic Medicine, dated 20 June 2002 and based on detailsprovided by his wife, ðuro Mačak, a Serb with Croatian citizenship born on 2 May1955, died from a gunshot injury to the neck in Očestol on 5 August 1995. 1946427. KN01/415B (numbered 423) was wearing a blue T-shirt, denim trousers, andbrown shoes. 1947 Body KN01/415B, exhumed on 27 June or 2 July 2001 from acemetery in Knin with a metal tag marked “423”, wearing clothing including faded bluedenim jeans and black leather shoes, was an approximately 1.73-1.89-metre-tall malebetween 25 and 45 years old, with at least two gunshot injuries, including one passingthrough the head from the front to the back and downwards which was found by theforensic pathologist to be the cause of death. 1948 On 12 July 2006, body KN01/415Bwas identified as Momčilo Tišma, born on 28 November 1967. 1949 According to a reportof the Zagreb Department of Forensic Medicine, based on information provided by his1940 P659 (List of identified persons exhumed from a cemetery in Knin), p. 1; P2002 (List of identifiedpersons exhumed in Knin).1941 P660 (Report on facts of death of Stevan Baljak, 16 April 2002).1942 P652 (Marija Večerina, witness statement, 16 October 2003), para. 9.1943 P661 (Information on body KN01/412B, ID No. 421, with photograph).1944 P662 (Autopsy report of KN01/412B, 17 July 2001), pp. 1-5, 7-13, 16; P1888 (Photograph of bone,KN01/412B).1945 P659 (List of identified persons exhumed from a cemetery in Knin), p. 2; P2002 (List of identifiedpersons exhumed in Knin).1946 P663 (Report on facts of death of ðuro Mačak, 20 June 2002).1947 P672 (Information on body KN01/415B, ID No. 423, with photograph).1948 P671 (Autopsy report of KN01/415B, 27 July 2001), pp. 1-5, 7, 11-16.1949 P673 (List of identified bodies exhumed in Knin and Gračac, 12 July 2006).249Case No.: IT-06-90-T 15 April 2011 `

39067d<strong>et</strong>ained for 40 days with about 2,000 other people. 1930 During this time they wereguarded by armed Croatian police officers and initi<strong>al</strong>ly given one me<strong>al</strong> per day whichafter the first 15 days became one cooked and two dry me<strong>al</strong>s per day. 1931 Dušan Torbicastated that he saw a Red Cross offici<strong>al</strong> visit two or three times. 1932 The witness did notsee anyone being physic<strong>al</strong>ly mistreated, though the guards did verb<strong>al</strong>ly abuse thed<strong>et</strong>ainees; cursing their mothers and saying that it was not the Krajina, but Croatia. 1933After 40 days the witness was transported <strong>al</strong>ong with his wife and around 1,800 othersby buses to Serbia by the Red Cross. 1934 They were taken by Croatian trucks to SremskaMitrovica in Serbia, from where they were taken in Serbian trucks to different refugeecentres. 1935 Dušan Torbica and his wife r<strong>et</strong>urned to Torbica in 1998. 1936424. The Tri<strong>al</strong> Chamber has received forensic evidence with regard to <strong>al</strong>l five <strong>al</strong>legedmurders. According to this, on 14 August 1995, m<strong>al</strong>e bodies KN01/374B (numbered420), KN01/412B (numbered 421), KN01/415B (numbered 423), KN01/416B(numbered 418), and KN01/417B (numbered 424) were found in Stara Straža in Kninmunicip<strong>al</strong>ity and buried at a loc<strong>al</strong> cem<strong>et</strong>ery in Knin. 1937425. Body KN01/374B (numbered 420) was wearing a white short-sleeved T-shirt,grey military trousers, and black shoes. 1938 Body KN01/374B, exhumed on 28 June2001 or 3 July 2001 from a cem<strong>et</strong>ery in Knin with a m<strong>et</strong><strong>al</strong> tag marked “420” and adriver’s licence, wearing clothing including olive green trousers with a leather belt andboots, was an approximately 1.67-1.82-m<strong>et</strong>re-t<strong>al</strong>l m<strong>al</strong>e b<strong>et</strong>ween 30 and 40 years old,with three gunshot injuries, including one passing diagon<strong>al</strong>ly through the head from thefront to the left tempor<strong>al</strong> region and which was found by the forensic pathologist to b<strong>et</strong>he likely cause of death. 1939 On 16 April 2002, body KN01/374B was DNA-identified1930 P630 (Dušan Torbica, witness statement, 9 September 2003), paras 9-10; P654 (Report by Zadar-Knin Police Administration with list of people at the Knin collection centre, 7 August 1995).1931 P630 (Dušan Torbica, witness statement, 9 September 2003), para. 9.1932 P630 (Dušan Torbica, witness statement, 9 September 2003), para. 9.1933 P630 (Dušan Torbica, witness statement, 9 September 2003), paras 10-11.1934 P630 (Dušan Torbica, witness statement, 9 September 2003), paras 9-10.1935 P630 (Dušan Torbica, witness statement, 9 September 2003), para. 10.1936 P630 (Dušan Torbica, witness statement, 9 September 2003), para. 10.1937 P652 (Marija Večerina, witness statement, 16 October 2003), para. 22; P657 (Information on bodyKN01/374B, ID No. 420, with photograph); P661 (Information on body KN01/412B, ID No. 421, withphotograph); P664 (Information on body KN01/416B, ID No. 418, with photograph); P667 (Informationon body KN01/417B, ID No. 424, with photograph); P672 (Information on body KN01/415B, ID No.423, with photograph).1938 P657 (Information on body KN01/374B, ID No. 420, with photograph).1939 P658 (Autopsy report of KN01/374B, 26 July 2001), pp. 1-5, 7-11, 13-15, 18-19; P1887 (Photographof skull, KN01/374B).248Case No.: IT-06-90-T 15 April 2011 `

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