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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39059uniformed persons wore a red and blue “1. HT” patch. Finally, the Trial Chamber hasconsidered that from at least 12 to 29 August 1995 there was a significant presence ofHV soldiers and VP in the Golubić area, including the command post of the HV 6thHome Guard Regiment. Očestevo is located approximately nine kilometres fromGolubić. Based on the number of uniformed persons seen acting together in Očestovoon 24 August 1995, on the fact that at least one of them wore a patch seeminglyidentifying a military unit, and on the consolidated presence of the HV and VP in theGolubić area, the Trial Chamber finds that the 15 uniformed men were members of theHV. Considering the ethnic composition of Očestovo and the fact that the HV membersburnt more than one house, the Trial Chamber finds that the vast majority if not all ofthe property burnt on 24 August 1995 was owned or inhabited by Krajina Serbs. TheTrial Chamber will further consider this incident in relation to Counts 1 and 5 of theIndictment in chapters 5.5.2 and 5.8.2 (g) below.443. With regard to the 56 houses described as looted by Peter Marti on 26 August1995, the evidence does not establish whether, when, or by whom items were takenfrom these houses. Under these circumstances, the Trial Chamber will not furtherconsider this incident in relation to Counts 1 and 4 of the Indictment.Ilinka Crnogorac (Further Clarification no. 156)444. The Trial Chamber has received relevant evidence with regard to the allegedmurder of Ilinka Crnogorac through the testimony of Witness 136, an ECMM report,and documentation related to the Croatian police investigation into the matter.445. Witness 136, a Serb field interpreter for UNCIVPOL and UNCRO, 1974 testifiedthat on 31 August 1995, UNCRO was restricted in its movement towards both MalaPolača and Strmica, two different ways out of Knin. 1975 The reason provided by the HVfor these restrictions was that they would be undertaking mopping-up operations inthese areas over the following two days. 1976 On 3 September 1995, Witness 136accompanied a patrol to Crnogorci hamlet, located in Mala Polača village, Knin1973 D990 (HV Main Staff report on military facilities in the area of responsibility of the Split MD, 29August 1995), pp. 1, 3.1974 P2 (Witness 136, witness statement, 4 July 1996), pp. 1-2; Witness 136, T. 620, 622, 641, 726, 765,768, 780-782.1975 P2 (Witness 136, witness statement, 4 July 1996), p. 12.1976 P2 (Witness 136, witness statement, 4 July 1996), p. 12.256Case No.: IT-06-90-T 15 April 2011 `

39058municipality, where she was told by one of the five women remaining in the hamlet,Durdija Crnogorac born in 1926, about the killing of the Serb Mika Crnogorac (67 yearsold) the previous day. 1977 According to a UNCIVPOL report of 3 September 1995,Durdija Crnogorac told UNCIVPOL that Mika died on 29 August 1995. 1978 DurdijaCrnogorac told Witness 136 that Mika Crnogorac was at her neighbour’s when threeuniformed Croatian soldiers arrived, ordered her out of the house and accompanied herto her own home. According to what the witness was told, the neighbours heard thesoldiers say they would burn her house, to which Mika Crnogorac replied “don’tchildren,please”. Durdija Crnogorac told Witness 136 that a few hours later she foundMika Crnogorac dead in a pool of blood with a flower pot next to her head. Theremaining women told the witness that she had been “slit”. The villagers did not hearany shots. Although the body had already been moved by the time she visited thehamlet, Witness 136 testified that she saw the pool of blood in the room where MikaCrnogorac allegedly had been found. 1979 Witness 136 added that the Croatian policewere informed about this incident. 1980446. According to an ECMM report, on 4 September 1995, an ECMM team was toldby four old ladies in Polača in Knin municipality that after the ECMM’s previous visitto the location an old lady was killed by HV soldiers. 1981 The ECMM report stated thataccording to the Croatian police, the old woman had died because of low bloodpressure. 1982 The ECMM team found a lot of blood and one bullet shell in the house ofthe deceased. 1983447. According to the daily log of incidents in the Police Administration of the KninDistrict, on 30 August 1995, at 11:25 a.m., an unspecified individual from Patrol 208informed the Knin Police Administration that the body of a woman called IlinkaCrnogorac, born in 1928, had been found in the Crnogorci hamlet, Polača village, in1977 P2 (Witness 136, witness statement, 4 July 1996), p. 13; P3 (Witness 136, witness statement, 11 June2007), para. 28; Witness 136, T. 742-745; P14 (UNCIVPOL incident report, 3 September 1995).1978 P14 (UNCIVPOL incident report, 3 September 1995).1979 P2 (Witness 136, witness statement, 4 July 1996), p. 13; P3 (Witness 136, witness statement, 11 June2007), para. 28; Witness 136, T. 744; P14 (UNCIVPOL incident report, 3 September 1995).1980 P2 (Witness 136, witness statement, 4 July 1996), p. 13; P3 (Witness 136, witness statement, 11 June2007), para. 28.1981 P2157 (ECMM daily report, 4 September 1995), pp. 1-2.1982 P2157 (ECMM daily report, 4 September 1995), p. 2.1983 P2157 (ECMM daily report, 4 September 1995), p. 2.257Case No.: IT-06-90-T 15 April 2011 `

39058municip<strong>al</strong>ity, where she was told by one of the five women remaining in the haml<strong>et</strong>,Durdija Crnogorac born in 1926, about the killing of the Serb Mika Crnogorac (67 yearsold) the previous day. 1977 According to a UNCIVPOL report of 3 September 1995,Durdija Crnogorac told UNCIVPOL that Mika died on 29 August 1995. 1978 DurdijaCrnogorac told Witness 136 that Mika Crnogorac was at her neighbour’s when threeuniformed Croatian soldiers arrived, ordered her out of the house and accompanied herto her own home. According to what the witness was told, the neighbours heard thesoldiers say they would burn her house, to which Mika Crnogorac replied “don’tchildren,please”. Durdija Crnogorac told Witness 136 that a few hours later she foundMika Crnogorac dead in a pool of blood with a flower pot next to her head. Theremaining women told the witness that she had been “slit”. The villagers did not hearany shots. Although the body had <strong>al</strong>ready been moved by the time she visited thehaml<strong>et</strong>, Witness 136 testified that she saw the pool of blood in the room where MikaCrnogorac <strong>al</strong>legedly had been found. 1979 Witness 136 added that the Croatian policewere informed about this incident. 1980446. According to an ECMM report, on 4 September 1995, an ECMM team was toldby four old ladies in Polača in Knin municip<strong>al</strong>ity that after the ECMM’s previous visitto the location an old lady was killed by HV soldiers. 1981 The ECMM report stated thataccording to the Croatian police, the old woman had died because of low bloodpressure. 1982 The ECMM team found a lot of blood and one bull<strong>et</strong> shell in the house ofthe deceased. 1983447. According to the daily log of incidents in the Police Administration of the KninDistrict, on 30 August 1995, at 11:25 a.m., an unspecified individu<strong>al</strong> from Patrol 208informed the Knin Police Administration that the body of a woman c<strong>al</strong>led IlinkaCrnogorac, born in 1928, had been found in the Crnogorci haml<strong>et</strong>, Polača village, in1977 P2 (Witness 136, witness statement, 4 July 1996), p. 13; P3 (Witness 136, witness statement, 11 June2007), para. 28; Witness 136, T. 742-745; P14 (UNCIVPOL incident report, 3 September 1995).1978 P14 (UNCIVPOL incident report, 3 September 1995).1979 P2 (Witness 136, witness statement, 4 July 1996), p. 13; P3 (Witness 136, witness statement, 11 June2007), para. 28; Witness 136, T. 744; P14 (UNCIVPOL incident report, 3 September 1995).1980 P2 (Witness 136, witness statement, 4 July 1996), p. 13; P3 (Witness 136, witness statement, 11 June2007), para. 28.1981 P2157 (ECMM daily report, 4 September 1995), pp. 1-2.1982 P2157 (ECMM daily report, 4 September 1995), p. 2.1983 P2157 (ECMM daily report, 4 September 1995), p. 2.257Case No.: IT-06-90-T 15 April 2011 `

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