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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39055towards her, the Trial Chamber is satisfied that the persons referred to as soldiers killedIlinka Crnogorac.453. Based on the description of the persons as soldiers, the Trial Chamber is satisfiedthat they wore military-type uniforms. The ECMM report of four women telling anECMM team that HV soldiers had killed a woman in Polača appears to relate to thesame incident, but does not provide details as to the factual basis for the women’squalifications of the perpetrators as HV. Consequently, the Trial Chamber cannot assesswhether these qualifications were made on a proper factual basis. The Trial Chamberhas received no other reliable evidence about which armed forces, if any, theperpetrators belonged to. Nor has the Trial Chamber received sufficient evidence aboutwhich armed forces, if any, were present in or in the vicinity of Polača at the time. TheTrial Chamber is therefore unable to draw any conclusions regarding the identity oraffiliation of the perpetrators. Under these circumstances, the Trial Chamber will notfurther consider this incident in relation to Counts 1, 6, and 7 of the Indictment.Ilija Šarac (Further Clarification no. 159)454. The Trial Chamber has received relevant evidence with regard to the allegedunlawful detention of the Šarac family and others and the alleged murder of Ilija Šaracthrough the testimony of Ružica Šarac and forensic documentation. Ružica Šarac, aSerb from Civljane, 1991 stated that on 4 August 1995 she was living with her family inCivljane, which had previously been shelled. 1992 Her husband, Ilija Šarac, was a soldierwith the military. According to Šarac, her husband was stationed in Vrlika at the outsetof the military conflict that started on 4 August 1995. On that morning, Ružica Šaracawoke to the sound of explosions coming from the direction of the Dinara mountains.These explosions continued throughout the day. 1993 Soon after her husband returnedhome in the afternoon, she and her family received urgent word from others that SimoŠarac, a man from Vrlika, was advising people in their village that the HV was close-byand that they should leave Civljane and take up refuge in Knin. The witness stated thataccording to the “evacuation plan”, it was Simo Šarac’s task to inform everybody about1991 P2504 (Ružica Šarac, witness statements), pp. 5-6 (witness statement, 1 April 1998), para. 2 (witnessstatement, 22 February 2008).1992 P2504 (Ružica Šarac, witness statements), p. 6 (witness statement, 1 April 1998), para. 2 (witnessstatement, 22 February 2008).1993 P2504 (Ružica Šarac, witness statements), p. 6 (witness statement, 1 April 1998).260Case No.: IT-06-90-T 15 April 2011 `

39054the need to evacuate. 1994 Ružica Šarac could see columns of people driving along theroad towards Knin. 1995 She and her family, including her husband, departed fromCivljane in the late afternoon, and travelled to her sister’s house in Kotaraši, a suburb inthe village of Kovačić in Knin municipality. 1996 According to the witness, there hadbeen about 400 people, all Serbs, living in Civljane as of 4 August 1995. She stated thatother villagers left too, and she later learned that after that day only two elderlyindividuals remained. On 5 August 1995, in the early morning hours, Ružica Šaracheard sporadic and waning shelling, and stated that one shell hit close to the housewhere they were staying. At daylight, she saw tanks and trucks on the main road. Onemilitary truck arrived, on which there were approximately ten to fifteen persons inuniforms, who the witness guessed were SVK soldiers, as well as Dragan Novoselacand Miloš Djaković from Vrlika. The witness stated that her first thought was that thepersons on the truck would now take them to safety. 1997 Šarac then saw that the truckwas approached by a group of soldiers, shouting to everyone to put their hands up. 1998One of them said, “Come Miloš, we will not hurt you”. 1999 One of the soldiers thendrove the truck away, while the others walked the uniformed men towards Vedro Polje,in Knin municipality. 2000 Around 3 p.m., soldiers, who the witness referred to as HVtroops, called on Šarac and her family to come out of the house, and proceeded to checkthem for weapons. The soldiers asked them to get into a truck. While riding in the truck,which lasted one minute, she saw two men in civilian clothing lying dead on the bridgeover the Orašnica river. The witness and the others in the truck were warned by one ofthe soldiers not to do anything or they could be killed like those two men on the bridge.The soldiers, who according to the witness were polite, said they were from Varaždin,and warned the witness about the troops from Imotski and Sinj. 2001 The soldiers tookthem to a house that Šarac believed to be in the same village. 2002 Upon their arrival, thewitness, her and Ilija Šarac’s children, and her mother-in-law were brought to a room1994 P2504 (Ružica Šarac, witness statements), p. 6 (witness statement, 1 April 1998), para. 2 (witnessstatement, 22 February 2008).1995 P2504 (Ružica Šarac, witness statements), p. 6 (witness statement, 1 April 1998).1996 P2504 (Ružica Šarac, witness statements), pp. 6, 11 (witness statement, 1 April 1998), para. 2(witness statement, 22 February 2008).1997 P2504 (Ružica Šarac, witness statements), p. 6 (witness statement, 1 April 1998).1998 P2504 (Ružica Šarac, witness statements), pp. 6, 11 (witness statement, 1 April 1998).1999 P2504 (Ružica Šarac, witness statements), p. 6 (witness statement, 1 April 1998).2000 P2504 (Ružica Šarac, witness statements), pp. 7, 11 (witness statement, 1 April 1998).2001 P2504 (Ružica Šarac, witness statements), p. 7 (witness statement, 1 April 1998).2002 P2504 (Ružica Šarac, witness statements), pp. 7, 10 (witness statement, 1 April 1998).261Case No.: IT-06-90-T 15 April 2011 `

39054the need to evacuate. 1994 Ružica Šarac could see columns of people driving <strong>al</strong>ong theroad towards Knin. 1995 She and her family, including her husband, departed fromCivljane in the late afternoon, and travelled to her sister’s house in Kotaraši, a suburb inthe village of Kovačić in Knin municip<strong>al</strong>ity. 1996 According to the witness, there hadbeen about 400 people, <strong>al</strong>l Serbs, living in Civljane as of 4 August 1995. She stated thatother villagers left too, and she later learned that after that day only two elderlyindividu<strong>al</strong>s remained. On 5 August 1995, in the early morning hours, Ružica Šaracheard sporadic and waning shelling, and stated that one shell hit close to the housewhere they were staying. At daylight, she saw tanks and trucks on the main road. Onemilitary truck arrived, on which there were approximately ten to fifteen persons inuniforms, who the witness guessed were SVK soldiers, as well as Dragan Novoselacand Miloš Djaković from Vrlika. The witness stated that her first thought was that thepersons on the truck would now take them to saf<strong>et</strong>y. 1997 Šarac then saw that the truckwas approached by a group of soldiers, shouting to everyone to put their hands up. 1998One of them said, “Come Miloš, we will not hurt you”. 1999 One of the soldiers thendrove the truck away, while the others w<strong>al</strong>ked the uniformed men towards Vedro Polje,in Knin municip<strong>al</strong>ity. 2000 Around 3 p.m., soldiers, who the witness referred to as HVtroops, c<strong>al</strong>led on Šarac and her family to come out of the house, and proceeded to checkthem for weapons. The soldiers asked them to g<strong>et</strong> into a truck. While riding in the truck,which lasted one minute, she saw two men in civilian clothing lying dead on the bridgeover the Orašnica river. The witness and the others in the truck were warned by one ofthe soldiers not to do anything or they could be killed like those two men on the bridge.The soldiers, who according to the witness were polite, said they were from Varaždin,and warned the witness about the troops from Imotski and Sinj. 2001 The soldiers tookthem to a house that Šarac believed to be in the same village. 2002 Upon their arriv<strong>al</strong>, thewitness, her and Ilija Šarac’s children, and her mother-in-law were brought to a room1994 P2504 (Ružica Šarac, witness statements), p. 6 (witness statement, 1 April 1998), para. 2 (witnessstatement, 22 February 2008).1995 P2504 (Ružica Šarac, witness statements), p. 6 (witness statement, 1 April 1998).1996 P2504 (Ružica Šarac, witness statements), pp. 6, 11 (witness statement, 1 April 1998), para. 2(witness statement, 22 February 2008).1997 P2504 (Ružica Šarac, witness statements), p. 6 (witness statement, 1 April 1998).1998 P2504 (Ružica Šarac, witness statements), pp. 6, 11 (witness statement, 1 April 1998).1999 P2504 (Ružica Šarac, witness statements), p. 6 (witness statement, 1 April 1998).2000 P2504 (Ružica Šarac, witness statements), pp. 7, 11 (witness statement, 1 April 1998).2001 P2504 (Ružica Šarac, witness statements), p. 7 (witness statement, 1 April 1998).2002 P2504 (Ružica Šarac, witness statements), pp. 7, 10 (witness statement, 1 April 1998).261Case No.: IT-06-90-T 15 April 2011 `

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