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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39061Census, the population of Očestovo consisted of 348 Serbs out of a total of 351 personsin 1991. 1962437. HRAT reported that between 29 September and 1 October 1995 it visited avillage in Knin municipality where residents reported that around 15 August 1995 anHV soldier threw an invalid man in a wheelchair into his burning house, who died in theflames, and that a few weeks before HRAT arrived his daughter had come to pick up theremaining bones. 1963 Maria Teresa Mauro, a UN civil affairs officer and HRATmember in Sector South based in Knin from March to December 1995, 1964 was part ofthe HRAT visit and recalled being told of this specific incident by the residents of thevillage. 1965 On 2 September 1995, the burnt body of Sava Šolaja, born on 25 August1924 and given identification number 588, was found in a family house in the village ofOčestovo, Knin municipality, identified by Zlata Hodak from Očestovo, and buried in aKnin city cemetery. 1966438. The Trial Chamber has further considered evidence of Peter Marti (reviewed inchapter 4.2.9), Željko Žganjer (reviewed in chapter 6.2.5) and Ivan Galović (reviewedin chapter 6.2.5) with regard to this incident.439. On 24 August 1995 at 11:40 a.m. in Očestovo, ECMM observed 15 uniformedHV soldiers leaving a stable after having set it on fire. 1967 They then left the scene in atractor with a trailer and a white Mercedes pickup. 1968 Other houses were also onfire. 1969 One soldier wore a blue and red “1. HT” patch and in their report the ECMM1962 C5 (State Bureau of Statistics Population Census of 1991, National Structure of the Population ofCroatia According to Settlement), p. 110.1963 P1098 (Maria Teresa Mauro, witness statement, 3 March 2000), p. 7; P1099 (Maria Teresa Mauro,witness statement, 6 February 2008), para. 52; P1105 (HRAT report, 29 September – 1 October 1995), p.2.1964 P1098 (Maria Teresa Mauro, witness statement, 3 March 2000), pp. 1-2; P1099 (Maria Teresa Mauro,witness statement, 6 February 2008), p. 1, paras 1, 7-9, 11-12; Maria Teresa Mauro, T. 11998, 12000,12024, 12075-12076.1965 P1099 (Maria Teresa Mauro, witness statement, 6 February 2008), para. 52.1966 P1412 (Croatian protocol of information on identified body, with photo), p. 1.1967 P800 (Søren Liborius, witness statement, 11 November 1997), p. 6; P848 (Video of villages in SectorSouth with commentary by Liborius, 17, 19-21 May 1997), pp. 2-3; P813 (ECMM Knin daily report, 24August 1995), pp. 1-2; P815 (ECMM report by Liborius, 26 August 1995), p. 10; D743 (Notebook ofLiborius, part I), p. 51.1968 P800 (Søren Liborius, witness statement, 11 November 1997), p. 6; Søren Liborius, T. 8295; P848(Video of villages in Sector South with commentary by Liborius, 17, 19-21 May 1997), pp. 2-3; P813(ECMM Knin daily report, 24 August 1995), pp. 1-2; P815 (ECMM report by Liborius, 26 August 1995),p. 10; D743 (Notebook of Liborius, part I), p. 51.1969 P800 (Søren Liborius, witness statement, 11 November 1997), p. 6; P848 (Video of villages in SectorSouth with commentary by Liborius, 17, 19-21 May 1997), pp. 2-3; D743 (Notebook of Liborius, part I),p. 51.254Case No.: IT-06-90-T 15 April 2011 `

39060made a note that the unit to which the soldiers belonged be identified from the HVinsignia book. 1970440. According to the 6th Home Guard Regiment War Journal, the 6th Regiment’scommand post was being set up in Golubić on 12 August 1995; on 14 August 1995 thecommanding officer of the 6th Regiment’s 2nd Battalion deployed with 80 men in thearea of Golubić. 1971 According to the Split MD’s Operational Diary, on 15 August 1995a warehouse in Golubić was assigned to the 73rd VP Battalion. 1972 On 29 August 1995,the Golubić warehouse was guarded and used by the 300th Logistic Base. 1973441. Based on P1076, the Trial Chamber finds that on 20 August 1995, Nikola Rašićand Zvonimir Lasan-Zorobabel entered a house in Očestovo at which point a handgrenade exploded injuring both. The Trial Chamber further finds that Rašić helpedLasan-Zorobabel to leave and then threw a grenade into the house and fired at Šolajawho had appeared at a window, killing him. The Trial Chamber notes in this regard thatthe County Court in Zadar acquitted Rašić of the charges relating to the alleged murderof Sava Šolaja on the basis of self defence, and acquitted Lasan-Zorobabel and oneother person based on their lack of involvement in the killing. The Trial Chamber alsonotes that this judgement in respect to the incident became final under Croatian law asthe Croatian Supreme Court affirmed the County Court’s acquittals and denied theprosecutor’s appeal. On the basis of P1076, the Trial Chamber finds Rašić was as amember of the HV 15th Home Guard Regiment on the day Šolaja was killed and thatSava Šolaja was of Serb ethnicity. The Trial Chamber will further consider this incidentin relation to Counts 1, 6, and 7 of the Indictment in chapters 5.3.2 and 5.8.2 (b) below.442. The Trial Chamber further finds that on 24 August 1995, at 11:40 a.m. 15persons wearing uniforms and referred to as HV soldiers set on fire a stable and anunspecified number of houses in Očestovo. The evidence further indicates that on 26August 1995 in Očestovo there were seven burnt and 20 partly burnt houses. The TrialChamber has considered that the uniformed persons left the scene on 24 August 1995 incivilian vehicles. The Trial Chamber has further considered that the ECMM patrolwhich reported the burning houses on 24 August 1995 noted that one of the 151970 Søren Liborius, T. 8296; P813 (ECMM Knin daily report, 24 August 1995), p. 2; P815 (ECMMreport by Liborius, 26 August 1995), p. 10; D743 (Notebook of Liborius, part I), p. 51.1971 P2586 (Regiment Command War Journal Extract, 6th Home Guard Regiment), pp. 5, 7.1972 P71 (Split MD operational diary for 25 July – 14 September 1995), pp. 108-109.255Case No.: IT-06-90-T 15 April 2011 `

39061Census, the population of Očestovo consisted of 348 Serbs out of a tot<strong>al</strong> of 351 personsin 1991. 1962437. HRAT reported that b<strong>et</strong>ween 29 September and 1 October 1995 it visited avillage in Knin municip<strong>al</strong>ity where residents reported that around 15 August 1995 anHV soldier threw an inv<strong>al</strong>id man in a wheelchair into his burning house, who died in theflames, and that a few weeks before HRAT arrived his daughter had come to pick up theremaining bones. 1963 Maria Teresa Mauro, a UN civil affairs officer and HRATmember in Sector South based in Knin from March to December 1995, 1964 was part ofthe HRAT visit and rec<strong>al</strong>led being told of this specific incident by the residents of thevillage. 1965 On 2 September 1995, the burnt body of Sava Šolaja, born on 25 August1924 and given identification number 588, was found in a family house in the village ofOčestovo, Knin municip<strong>al</strong>ity, identified by Zlata Hodak from Očestovo, and buried in aKnin city cem<strong>et</strong>ery. 1966438. The Tri<strong>al</strong> Chamber has further considered evidence of P<strong>et</strong>er Marti (reviewed inchapter 4.2.9), Željko Žganjer (reviewed in chapter 6.2.5) and Ivan G<strong>al</strong>ović (reviewedin chapter 6.2.5) with regard to this incident.439. On 24 August 1995 at 11:40 a.m. in Očestovo, ECMM observed 15 uniformedHV soldiers leaving a stable after having s<strong>et</strong> it on fire. 1967 They then left the scene in atractor with a trailer and a white Mercedes pickup. 1968 Other houses were <strong>al</strong>so onfire. 1969 One soldier wore a blue and red “1. HT” patch and in their report the ECMM1962 C5 (State Bureau of Statistics Population Census of 1991, Nation<strong>al</strong> Structure of the Population ofCroatia According to S<strong>et</strong>tlement), p. 110.1963 P1098 (Maria Teresa Mauro, witness statement, 3 March 2000), p. 7; P1099 (Maria Teresa Mauro,witness statement, 6 February 2008), para. 52; P1105 (HRAT report, 29 September – 1 October 1995), p.2.1964 P1098 (Maria Teresa Mauro, witness statement, 3 March 2000), pp. 1-2; P1099 (Maria Teresa Mauro,witness statement, 6 February 2008), p. 1, paras 1, 7-9, 11-12; Maria Teresa Mauro, T. 11998, 12000,12024, 12075-12076.1965 P1099 (Maria Teresa Mauro, witness statement, 6 February 2008), para. 52.1966 P1412 (Croatian protocol of information on identified body, with photo), p. 1.1967 P800 (Søren Liborius, witness statement, 11 November 1997), p. 6; P848 (Video of villages in SectorSouth with commentary by Liborius, 17, 19-21 May 1997), pp. 2-3; P813 (ECMM Knin daily report, 24August 1995), pp. 1-2; P815 (ECMM report by Liborius, 26 August 1995), p. 10; D743 (Notebook ofLiborius, part I), p. 51.1968 P800 (Søren Liborius, witness statement, 11 November 1997), p. 6; Søren Liborius, T. 8295; P848(Video of villages in Sector South with commentary by Liborius, 17, 19-21 May 1997), pp. 2-3; P813(ECMM Knin daily report, 24 August 1995), pp. 1-2; P815 (ECMM report by Liborius, 26 August 1995),p. 10; D743 (Notebook of Liborius, part I), p. 51.1969 P800 (Søren Liborius, witness statement, 11 November 1997), p. 6; P848 (Video of villages in SectorSouth with commentary by Liborius, 17, 19-21 May 1997), pp. 2-3; D743 (Notebook of Liborius, part I),p. 51.254Case No.: IT-06-90-T 15 April 2011 `

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