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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39045Knin from mid-September 1993 until about mid-October 1995, 2057 visited Mizdrakovactogether with UNCIVPOL and one UNMO and confirmed the content of this report. 2058469. The Trial Chamber has received forensic evidence with regard to StevanMizdrak but not with regard to Jovanka Mizdrak. According to the evidence, male bodyKN04/058B, numbered 231, was found with a white, long-sleeved shirt, blue trousers,and brown sandals in Strmica in Knin municipality on 10 August 1995, and buried at alocal cemetery in Knin. 2059 The remains of body KN04/058B, exhumed from a cemeteryin Knin on 16 May 2001, with a metal tag marked “231”, remnants of clothing and ablack belt, was an approximately 1.61-1.76-metre-tall male between 45 and 55 yearsold, with a diagonally downwards oriented gunshot injury to the head which was foundby John Clark to be the cause of death. 2060 According to a report of the Zagreb ForensicInstitute, dated 16 April 2003 and based on details provided by Ðuro Mizdrak, StevanMizdrak, a Serb born 1910, died from a gunshot injury to the head in Knin on 5 August1995. 2061470. Based on the evidence received, the Trial Chamber finds that on 8 August 1995,in the hamlet of Mizdrakovac in Strmica village, Knin municipality, one man shot andkilled Jovanka Mizdrak, age 50, who was standing outside the house of Manda Rodić.In this respect, the Trial Chamber notes a slight inconsistency between the evidenceprovided by Manda Rodić and the evidence provided through the UNCIVPOL report,with regard to the behaviour of Jovanka Mizdrak when the two persons arrived at thehouse. However, the Trial Chamber does not consider this inconsistency to be ofimportance for consideration of the finding. Considering that the shooter, as well as theperson accompanying him, wore a camouflage uniform and a dark helmet, used the term“Chetniks”, and arrived in the hamlet from Knin in a convoy with vehicles marked bythe letter “H”, the Trial Chamber finds that the person who killed Jovanka Mizdrak wasan HV soldier. Considering that Jovanka Mizdrak’s husband was a Serb and that2057 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. 1.2058 P678 (Alun Roberts, witness statement, 7 February 2008), para. 20; P229 (UNCIVPOL incidentreport, 20 August 1995).2059 P1421 (Information on body KN04/058B, ID No. 231, with photograph).2060 P1619 (Autopsy report of KN04/058B, 15 June 2001), pp. 1-2, 4-5, 7, 11-13, 16; P1899 (Photographof skull, KN04/058B); P1900 (Photograph of skull, KN04/058B); P1901 (Photograph of jaw,KN04/058B).2061 P2093 (Report on circumstances of death of Stevan Mizdrak, 16 April 2003), pp. 1-2.270Case No.: IT-06-90-T 15 April 2011 `

39044according to the 1991 Population Census there were 1,298 Serbs out of a totalpopulation of 1,334 in Strmica, the Trial Chamber finds that Jovanka Mizdrak was Serb.The Trial Chamber will further consider this incident, with regard to Jovanka Mizdrak,in relation to Counts 1, 6, and 7 of the Indictment in chapters 5.3.2 and 5.8.2 (b) below.471. The evidence indicates that Stevan Mizdrak, a Serb, was killed by a gunshot tohis head on or about 5 August 1995. However, the Trial Chamber has receivedinsufficient evidence regarding the circumstances under which or by whom StevanMizdrak was killed. Under these circumstances, the Trial Chamber will not furtherconsider this incident, with regard to Stevan Mizdrak, in relation to Counts 1, 6, and 7of the Indictment.Živko Stojakov (Further Clarification no. 184)472. The Trial Chamber has received evidence with regard to the alleged murder ofŽivko Stojakov primarily through human rights reports and forensic documentation.According to an undated UN human rights report, a Serb woman from Drniš, whorefused to give her name, reported to the UN on 10 August 1995 that she and herhusband travelled towards the bridge near the UN compound where she saw a group ofHV soldiers. The husband, who was wearing a UN uniform borrowed from a Canadian,cried out “Don’t shoot! UNCRO!” The HV soldiers opened fire and killed the husbandwith many shots. One of the HV soldiers wanted to kill her too, but another soldier toldhim they were not supposed to shoot women. 2062 The soldier who wanted to shoot herthen made her strip to her underwear, and the HV then told her to go to the collectioncentre in Knin. 2063 On the way, another HV soldier gave her some clothes to wear. HVsoldiers at the collection centre sent her back to the UN compound and on the way shesaw many bodies, mostly civilians, who had been shot. Some of them lay close to eachother as if they had been standing in a line when shot, though according to the womanthey could also have been moved there after they were shot. She also passed the body ofher husband again and stated that the Canadian patch had been removed. 2064473. According to an IHF report dated 25 August 1995, detailing an IHF mission of17 August 1995 to 19 August 1995, the IHF mission spoke to a displaced Serb woman,2062 D709 (UN human rights reports, 6-17 August 1995), pp. 10-11.2063 D709 (UN human rights reports, 6-17 August 1995), pp. 11-12.2064 D709 (UN human rights reports, 6-17 August 1995), p. 12.271Case No.: IT-06-90-T 15 April 2011 `

39044according to the 1991 Population Census there were 1,298 Serbs out of a tot<strong>al</strong>population of 1,334 in Strmica, the Tri<strong>al</strong> Chamber finds that Jovanka Mizdrak was Serb.The Tri<strong>al</strong> Chamber will further consider this incident, with regard to Jovanka Mizdrak,in relation to Counts 1, 6, and 7 of the Indictment in chapters 5.3.2 and 5.8.2 (b) below.471. The evidence indicates that Stevan Mizdrak, a Serb, was killed by a gunshot tohis head on or about 5 August 1995. However, the Tri<strong>al</strong> Chamber has receivedinsufficient evidence regarding the circumstances under which or by whom StevanMizdrak was killed. Under these circumstances, the Tri<strong>al</strong> Chamber will not furtherconsider this incident, with regard to Stevan Mizdrak, in relation to Counts 1, 6, and 7of the Indictment.Živko Stojakov (Further Clarification no. 184)472. The Tri<strong>al</strong> Chamber has received evidence with regard to the <strong>al</strong>leged murder ofŽivko Stojakov primarily through human rights reports and forensic documentation.According to an undated UN human rights report, a Serb woman from Drniš, whorefused to give her name, reported to the UN on 10 August 1995 that she and herhusband travelled towards the bridge near the UN compound where she saw a group ofHV soldiers. The husband, who was wearing a UN uniform borrowed from a Canadian,cried out “Don’t shoot! UNCRO!” The HV soldiers opened fire and killed the husbandwith many shots. One of the HV soldiers wanted to kill her too, but another soldier toldhim they were not supposed to shoot women. 2062 The soldier who wanted to shoot herthen made her strip to her underwear, and the HV then told her to go to the collectioncentre in Knin. 2063 On the way, another HV soldier gave her some clothes to wear. HVsoldiers at the collection centre sent her back to the UN compound and on the way shesaw many bodies, mostly civilians, who had been shot. Some of them lay close to eachother as if they had been standing in a line when shot, though according to the womanthey could <strong>al</strong>so have been moved there after they were shot. She <strong>al</strong>so passed the body ofher husband again and stated that the Canadian patch had been removed. 2064473. According to an IHF report dated 25 August 1995, d<strong>et</strong>ailing an IHF mission of17 August 1995 to 19 August 1995, the IHF mission spoke to a displaced Serb woman,2062 D709 (UN human rights reports, 6-17 August 1995), pp. 10-11.2063 D709 (UN human rights reports, 6-17 August 1995), pp. 11-12.2064 D709 (UN human rights reports, 6-17 August 1995), p. 12.271Case No.: IT-06-90-T 15 April 2011 `

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