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Gotovina et al Judgement Volume I - ICTY

Gotovina et al Judgement Volume I - ICTY

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39056places the date of 28 August 1995, as the date of death. As it does not indicate anysources for the d<strong>et</strong>ermination of this date and considering that it was issued more thanseven years after the incident, the Tri<strong>al</strong> Chamber will not rely on it in this respect.Witness 136’s July 1996 statement identified 2 September 1995 as the date of death,whereas the contemporaneous UNCIVPOL report, dated 3 September 1995, identifiesthe date of death as 29 August 1995. The UNCIVPOL report is parti<strong>al</strong>ly supported bythe Daily Log of Incidents of the Police Administration of Knin report dated 30 August1995 which identifies the date of death as 29 or 30 August 1995. Considering thesources of the different dates of death, the Tri<strong>al</strong> Chamber relies on the mostcontemporaneous documents stating that Ilinka Crnogorac died on 29 August 1995.451. The evidence indicates that on 29 August 1995, three persons referred to assoldiers went to the house of Ilinka Crnogorac’s neighbours, where Ilinka Crnogoracwas visiting, and ordered her to leave the house. The evidence further indicates thatIlinka Crnogorac’s neighbours overheard these persons threatening to burn down IlinkaCrnogorac’s house. A few hours later, Durdija Crnogorac found Ilinka Crnogorac deadin a pool of blood. The Tri<strong>al</strong> Chamber notes the submission of the <strong>Gotovina</strong> Defenc<strong>et</strong>hat Ilinka Crnogorac was found dead at least one day after the persons referred to assoldiers were seen entering her home. 1990 The evidence from the Knin Daily Log ofIncidents suggests that Ilinka Crnogorac’s body was reported as having been foundeither the day of or a day after her death, but does not explicitly contradict DurdijaCrnogorac’s account. Having considered these different accounts, the Tri<strong>al</strong> Chamberwill rely on the evidence of the UNCIVPOL report and is satisfied that IlinkaCrnogorac’s body was discovered within a couple of hours of her death.452. The Tri<strong>al</strong> Chamber considered the evidence from the Knin Daily Log ofIncidents suggesting that Ilinka Crnogorac died from natur<strong>al</strong> causes. Although IlinkaCrnogorac’s neighbours did not hear gunshots at the time of the <strong>al</strong>leged shooting, giventhe extensive examination of the body undertaken to prepare the autopsy report, theTri<strong>al</strong> Chamber is satisfied that Ilinka Crnogorac died of gunshot injuries. Consideringthat Ilinka Crnogorac was last seen in the custody of persons referred to as soldierswithin hours of her body being found, combined with their threatening behaviour1989 P2085 (Death certificate of Ilinka Crnogorac, 6 December 2002), p. 10.1990 <strong>Gotovina</strong> Defence Fin<strong>al</strong> Brief, 16 July 2010, Appendix L, p. 2.259Case No.: IT-06-90-T 15 April 2011 `

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