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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39065wife, Momčilo Tišma, a Serb with Croatian citizenship born on 28 November 1967,died from gunshot injuries to the head in Knin on 6 August 1995. 1950428. KN01/416B (numbered 418) was wearing a camouflage uniform and blackshoes. 1951 Body KN01/416B, exhumed on 27 June or 2 July 2001 from a cemetery inKnin with a metal tag marked “418”, wearing camouflage clothes and heavy blackboots, was an approximately 1.62-1.78-metre-tall male between 35 and 45 years old,with multiple gunshot injuries, including multiple shots to the head that were found byJohn Clark to be the cause of death. 1952 On 20 June 2002, body KN01/416B wasidentified by classical method as Mile Gnjatović, born 20 August 1952. 1953 Accordingto a report of the Zagreb Institute for Forensic Medicine, dated 20 June 2002 and basedon details provided by his brother, Mile Gnjatović, a Serb with Croatian citizenshipborn on 20 August 1952, died from a gunshot injury to the head in Stara Straža on 6August 1995. 1954429. KN01/417B (numbered 424) was wearing a grey short-sleeved shirt andcamouflage trousers. 1955 Body KN01/417B, exhumed on 27 June or 2 July 2001 from acemetery in Knin with a metal tag marked “424”, wearing camouflage trousers, was anapproximately 1.71-1.87-metre-tall male between 17 and 25 years old, with multiplegunshot injuries, including one to the left leg, and one to the head which was found byJohn Clark to be the cause of death. 1956 Body KN01/417B was identified as StevoVečerina, born in 1974. 1957 According to a report of the Zagreb Forensic Institute, dated29 September 2003 and based on details provided by his mother Marija Večerina, StevoVečerina, a Serb with Croatian citizenship born on 19 August 1974, died from a gunshotinjury to the head in Očestovo, in Knin municipality, on 6 August 1995. 1958 MarijaVečerina testified that her son had been wearing military trousers and a white T-shirt,1950 P674 (Registration of death of Momčilo Tišma, 12 July 200?), pp. 1-3.1951 P664 (Information on body KN01/416B, ID No. 418, with photograph).1952 P665 (Autopsy report of KN01/416B, 17 July 2001), pp. 1-5, 7-14, 17; P1889 (Photograph of skull,KN01/416B); P1890 (Photograph of skull, KN01/416B).1953 P659 (List of identified persons exhumed from a cemetery in Knin), p. 1; P2002 (List of identifiedpersons exhumed in Knin).1954 P666 (Report on facts of death of Mile Gnjatović, 20 June 2002).1955 P667 (Information on body KN01/417B, ID No. 424, with photograph).1956 P668 (Autopsy report of KN01/417B, 26 July 2001), pp. 1-5, 7-14, 17; P1891 (Photograph of skull,KN01/417B). See also P652 (Marija Večerina, witness statement, 16 October 2003), para. 22.1957 P669 (List of identified persons exhumed in Knin and Gračac from the Croatian Government Officefor Co-operation with ICTY and ICC, 2 October 2003).1958 P670 (Report on facts of death of Stevo Večerina, 29 September 2003), pp. 1-2.250Case No.: IT-06-90-T 15 April 2011 `

39064and that doctors told her that he had died from multiple gunshot wounds to the head,and had also sustained a gunshot wound to the leg. 1959430. The Trial Chamber finds that on 5 August 1995, a group of persons referred to assoldiers with checkerboard insignia on their uniforms brought Zdravko Bunčić,Momčilo Tišma, and Stevan Nikolić to the basement of a house in or near Očestovo inKnin municipality. The Trial Chamber also finds that on the same day a large number ofpersons referred to as HV soldiers stopped Marija, Mira, Branka, Stevo, Sava, andDragana Večerina, as well as Stevan Baljak and Mile Gnjatović by shooting at them andbrought them to the same basement. There were about ten more persons kept in thebasement, in an area of 16 squaremetres. These people spent the night there while twopersons referred to as soldiers stood guard by the door. At around 10:30 a.m. on 6August 1995, persons referred to as soldiers ordered the detainees, including MarijaVečerina, Zdravko Bunčić and Dušan Torbica, out of the basement and told them to goto the UNHCR headquarters in Knin. After being told by persons referred to aspolicemen that the UNHCR had left, they went to Knin Secondary School and on 9August 1995, Marija Večerina and others were transported from Knin to Zadar wherethey stayed at various locations after which they were transported to Serbia. In thisrespect, the Trial Chamber recalls its findings with regard to reception and collectioncentres in chapter 4.5.5.431. The Trial Chamber further finds that on 6 August 1995, around 9 a.m., a numberof persons referred to as Croatian soldiers took five young men, namely Stevo Večerina,Mile Gnjatović, Stevan Baljak, ðuro Mačak, and Momčilo Tišma, from the basement.Four of the five young men wore some form of military apparel. Stevo Večerina hadsustained a gunshot injury to the leg the previous day. Marija Večerina saw the personsreferred to as soldiers escort the five men at gunpoint. One of these persons orderedMarija Večerina to return to the basement or she would be shot. Marjia Večerina heardgunfire shortly after the men were taken.432. The Trial Chamber considers that some of the gunfire heard after the five menwere taken from the basement may have been directed at the vehicle of three otherpersons whose car was shot at and who were taken to the basement after the five menhad been taken away. The Gotovina Defence disputes the reliability of Zdravko1959 P652 (Marija Večerina, witness statement, 16 October 2003), para. 9; P653 (Marija Večerina, witnessstatement, 11 July 2007), para. 14.251Case No.: IT-06-90-T 15 April 2011 `

39064and that doctors told her that he had died from multiple gunshot wounds to the head,and had <strong>al</strong>so sustained a gunshot wound to the leg. 1959430. The Tri<strong>al</strong> Chamber finds that on 5 August 1995, a group of persons referred to assoldiers with checkerboard insignia on their uniforms brought Zdravko Bunčić,Momčilo Tišma, and Stevan Nikolić to the basement of a house in or near Očestovo inKnin municip<strong>al</strong>ity. The Tri<strong>al</strong> Chamber <strong>al</strong>so finds that on the same day a large number ofpersons referred to as HV soldiers stopped Marija, Mira, Branka, Stevo, Sava, andDragana Večerina, as well as Stevan B<strong>al</strong>jak and Mile Gnjatović by shooting at them andbrought them to the same basement. There were about ten more persons kept in thebasement, in an area of 16 squarem<strong>et</strong>res. These people spent the night there while twopersons referred to as soldiers stood guard by the door. At around 10:30 a.m. on 6August 1995, persons referred to as soldiers ordered the d<strong>et</strong>ainees, including MarijaVečerina, Zdravko Bunčić and Dušan Torbica, out of the basement and told them to goto the UNHCR headquarters in Knin. After being told by persons referred to aspolicemen that the UNHCR had left, they went to Knin Secondary School and on 9August 1995, Marija Večerina and others were transported from Knin to Zadar wher<strong>et</strong>hey stayed at various locations after which they were transported to Serbia. In thisrespect, the Tri<strong>al</strong> Chamber rec<strong>al</strong>ls its findings with regard to reception and collectioncentres in chapter 4.5.5.431. The Tri<strong>al</strong> Chamber further finds that on 6 August 1995, around 9 a.m., a numberof persons referred to as Croatian soldiers took five young men, namely Stevo Večerina,Mile Gnjatović, Stevan B<strong>al</strong>jak, ðuro Mačak, and Momčilo Tišma, from the basement.Four of the five young men wore some form of military apparel. Stevo Večerina hadsustained a gunshot injury to the leg the previous day. Marija Večerina saw the personsreferred to as soldiers escort the five men at gunpoint. One of these persons orderedMarija Večerina to r<strong>et</strong>urn to the basement or she would be shot. Marjia Večerina heardgunfire shortly after the men were taken.432. The Tri<strong>al</strong> Chamber considers that some of the gunfire heard after the five menwere taken from the basement may have been directed at the vehicle of three otherpersons whose car was shot at and who were taken to the basement after the five menhad been taken away. The <strong>Gotovina</strong> Defence disputes the reliability of Zdravko1959 P652 (Marija Večerina, witness statement, 16 October 2003), para. 9; P653 (Marija Večerina, witnessstatement, 11 July 2007), para. 14.251Case No.: IT-06-90-T 15 April 2011 `

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