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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39049a report as Mile Milivotević and Ilija Milivotević, and that he knew through a personalconnection with a relative that their correct last name was Milivojević. 2028463. Edward Flynn, a Human Rights Officer with the Office of the UNHCHR andthe leader of one of the HRATs in the former Sector South from 7 August to mid-September 1995, 2029 testified that he, Roberts and others, including UNCIVPOL staff,visited, upon a tip by a woman living next door, a house in Knin on 12 August 1995, inwhich they found the decomposed bodies of two elderly men in civilian clothes, ofwhom one was seated and appeared to Flynn to have a gunshot wound to his head. 2030The neighbour told them that around 6 August 1995 Croatian soldiers had told theresidents of the house that they had to register in the centre of Knin, and then carriedbelongings, including a TV, out of the house. 2031 Flynn and the others gave notificationof the bodies to the Croatian police, who arranged for their removal. 2032 Alun Roberts,Press and Information Officer for UN Sector South in Knin from mid-September 1993until about mid-October 1995, 2033 testified that on 12 August 1995, he saw the bodies ofthe father Mile Milivotević (1905) on a sofa and of the son Ilija Milivotević (1938) onthe floor in a house in Knin. 2034 According to the witness, both had apparently been shotin the head. 2035 Ilija had not been seen since 6 August 1995, when three Croatiansoldiers told him to report to the Knin police station. 2036 According to Roberts, avillager found both bodies in the morning of 7 August 1995. 20372028 P204 (Alexander Tchernetsky, witness statement, 18 May 2002), p. 4; D65 (UNCIVPOL incidentreport, S2-95-438, 12 August 1995).2029P20 (Edward Flynn, witness statement, 29 June 1997), pp. 1-2, 6, 13, 23; P21 (Edward Flynn, witnessstatement, 26-27 February 2008), p. 1, paras 3-4, 36; Edward Flynn, T. 1044, 1270, 1291-1292, 1312,1325.2030 P20 (Edward Flynn, witness statement, 29 June 1997), p. 20; Edward Flynn, T. 1328-1331, 1350-1351; P21 (Edward Flynn, witness statement, 26-27 February 2008), para. 10; P32 (HRAT daily report,12 August 1995), p. 1; P52 (Photos of bodies of Mile and Ilija Milivotević, 12 August 1995).2031 P20 (Edward Flynn, witness statement, 29 June 1997), p. 20; P32 (HRAT daily report, 12 August1995), p. 1; P52 (Photos of bodies of Mile and Ilija Milivotević, 12 August 1995), p. 2.2032 P20 (Edward Flynn, witness statement, 29 June 1997), p. 20; P32 (HRAT daily report, 12 August1995), p. 1.2033 P675 (Alun Roberts, witness statement, 27 August 1997), p. 1, para. 1; P676 (Alun Roberts, witnessstatement, 31 July 1998), p. 1; P677 (Alun Roberts, witness statement, 28 February 2007), pp. 1-2; P678(Alun Roberts, witness statement, 7 February 2008), p. 1, paras 3-4, 6; P680 (Alun Roberts, witnessstatement, 1 July 2008), p. 1.2034 P677 (Alun Roberts, witness statement, 28 February 2007), p. 8; P678 (Alun Roberts, witnessstatement, 7 February 2008), para. 16, no. 2; P700 (UNCRO photographs of bodies and crime sites inSector South), pp. 1, 5-6.2035 P677 (Alun Roberts, witness statement, 28 February 2007), p. 8; P700 (UNCRO photographs ofbodies and crime sites in Sector South), pp. 1, 5-6.2036 P677 (Alun Roberts, witness statement, 28 February 2007), p. 8; P700 (UNCRO photographs ofbodies and crime sites in Sector South), pp. 1, 6.2037 P700 (UNCRO photographs of bodies and crime sites in Sector South), p. 1.266Case No.: IT-06-90-T 15 April 2011 `

39048464. The Trial Chamber has received forensic evidence with regard to both bodies.On 12 August 1995, male body KN01/420B, numbered 407, was found with a greylong-sleeved shirt, grey trousers, and black shoes in Knin, and buried at a localcemetery in Knin. 2038 The remains of body KN01/420B, exhumed on 28 June 2001 froma cemetery in Knin, with a metal tag marked “407” and clothing including grey trouserswith a leather belt and tattered remnants of a pair of suede shoes, was an approximately1.60-1.76-metre-tall male between 45 and 65 years old whose cause of death theforensic pathologist could not ascertain. 2039 According to a report of the Zagreb Institutefor Forensic Medicine, dated 28 April 2004 and based on data provided by Ilija’s sonJovan Milivojević, Ilija Milivojević, a Croatian Serb born on 1 October 1933 whosefather’s name was Milan, died from unknown causes in Knin, on 6 August 1995. 2040 On26 April 2002, body KN01/420B was identified by classical method as Stefan Vidović,born in 1939. 2041 On 28 April 2004, the Zagreb Institute for Forensic Medicine andCriminology identified body KN01/420B as Ilija Milivojević, born in 1933. 2042465. On 12 August 1995, male body KN01/421B, numbered 406, was found with ablue long-sleeved shirt, black-and-white striped trousers, and black shoes in Knin, andburied at a local cemetery in Knin. 2043 Body KN01/421B, exhumed on 28 June 2001from a cemetery in Knin, with a metal tag marked “406” and pieces of a walking stick,wearing a light grey long-sleeved shirt, shreds of dark trousers with a belt, black shoes,and a pink and brown blanket, was an approximately 1.65-1.80-metre-tall male between50 and 85 years old, with severe degenerative joint and bone disease, whose cause ofdeath could not be ascertained by the forensic pathologist. 2044 According to a report ofthe Zagreb Institute for Forensic Medicine, dated 28 April 2004 and based on dataprovided by Milan’s grandson Jovan Milivojević, Milan Milivojević, a Croatian Serbborn 1911, died from unknown causes in Knin, on 5 or 6 August 1995. 2045 On 28 April2038 P1419 (Information on body KN01/420B, ID No. 407, with photograph).2039 P1617 (Autopsy report of KN01/420B, 17 July 2001), pp. 1-2, 4-6, 8, 11-12, 15; P1898 (Photographof bone, KN01/420B).2040 P2091 (Report on circumstances of death of Ilija Milivojević, 28 April 2004), pp. 54-56.2041 P659 (List of identified persons exhumed from a cemetery in Knin), p. 3.2042 P2006 (List of identified persons exhumed at the new cemetery in Knin and Gračac); D6 (List ofbodies identified by the Zagreb Institute of Forensic Medicine and Criminology, 30 April 2004).2043 P1420 (Information on body KN01/421B, ID No. 406, with photograph).2044 P1618 (Autopsy report of KN01/421B, 23 July 2001), pp. 1-9, 11-15, 18.2045 P2092 (Report on circumstances of death of Milan Milivojević, 28 April 2004), pp. 58-60.267Case No.: IT-06-90-T 15 April 2011 `

39048464. The Tri<strong>al</strong> Chamber has received forensic evidence with regard to both bodies.On 12 August 1995, m<strong>al</strong>e body KN01/420B, numbered 407, was found with a greylong-sleeved shirt, grey trousers, and black shoes in Knin, and buried at a loc<strong>al</strong>cem<strong>et</strong>ery in Knin. 2038 The remains of body KN01/420B, exhumed on 28 June 2001 froma cem<strong>et</strong>ery in Knin, with a m<strong>et</strong><strong>al</strong> tag marked “407” and clothing including grey trouserswith a leather belt and tattered remnants of a pair of suede shoes, was an approximately1.60-1.76-m<strong>et</strong>re-t<strong>al</strong>l m<strong>al</strong>e b<strong>et</strong>ween 45 and 65 years old whose cause of death theforensic pathologist could not ascertain. 2039 According to a report of the Zagreb Institutefor Forensic Medicine, dated 28 April 2004 and based on data provided by Ilija’s sonJovan Milivojević, Ilija Milivojević, a Croatian Serb born on 1 October 1933 whosefather’s name was Milan, died from unknown causes in Knin, on 6 August 1995. 2040 On26 April 2002, body KN01/420B was identified by classic<strong>al</strong> m<strong>et</strong>hod as Stefan Vidović,born in 1939. 2041 On 28 April 2004, the Zagreb Institute for Forensic Medicine andCriminology identified body KN01/420B as Ilija Milivojević, born in 1933. 2042465. On 12 August 1995, m<strong>al</strong>e body KN01/421B, numbered 406, was found with ablue long-sleeved shirt, black-and-white striped trousers, and black shoes in Knin, andburied at a loc<strong>al</strong> cem<strong>et</strong>ery in Knin. 2043 Body KN01/421B, exhumed on 28 June 2001from a cem<strong>et</strong>ery in Knin, with a m<strong>et</strong><strong>al</strong> tag marked “406” and pieces of a w<strong>al</strong>king stick,wearing a light grey long-sleeved shirt, shreds of dark trousers with a belt, black shoes,and a pink and brown blank<strong>et</strong>, was an approximately 1.65-1.80-m<strong>et</strong>re-t<strong>al</strong>l m<strong>al</strong>e b<strong>et</strong>ween50 and 85 years old, with severe degenerative joint and bone disease, whose cause ofdeath could not be ascertained by the forensic pathologist. 2044 According to a report ofthe Zagreb Institute for Forensic Medicine, dated 28 April 2004 and based on dataprovided by Milan’s grandson Jovan Milivojević, Milan Milivojević, a Croatian Serbborn 1911, died from unknown causes in Knin, on 5 or 6 August 1995. 2045 On 28 April2038 P1419 (Information on body KN01/420B, ID No. 407, with photograph).2039 P1617 (Autopsy report of KN01/420B, 17 July 2001), pp. 1-2, 4-6, 8, 11-12, 15; P1898 (Photographof bone, KN01/420B).2040 P2091 (Report on circumstances of death of Ilija Milivojević, 28 April 2004), pp. 54-56.2041 P659 (List of identified persons exhumed from a cem<strong>et</strong>ery in Knin), p. 3.2042 P2006 (List of identified persons exhumed at the new cem<strong>et</strong>ery in Knin and Gračac); D6 (List ofbodies identified by the Zagreb Institute of Forensic Medicine and Criminology, 30 April 2004).2043 P1420 (Information on body KN01/421B, ID No. 406, with photograph).2044 P1618 (Autopsy report of KN01/421B, 23 July 2001), pp. 1-9, 11-15, 18.2045 P2092 (Report on circumstances of death of Milan Milivojević, 28 April 2004), pp. 58-60.267Case No.: IT-06-90-T 15 April 2011 `

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