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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39043at the UN compound in Knin, who told them that HV soldiers stopped a trailer she hadbeen riding on near Vrbnik, Orlić municipality, on 5 August 1995 and asked her and herboyfriend, Živko Stojakov, to get down. 2065 Stojakov was wearing a Canadian armyuniform, but was unarmed and had documents verifying that he was not in any militaryservice. 2066 As soon as they stepped off the trailer, a soldier opened fire on Stojakovwith his AK-47 rifle, killing him immediately. 2067 The soldiers then attempted to rapethe witness but another group of HV soldiers arrived and stopped them. 2068 Severalhours later the woman was dropped off at the UN compound. 2069474. Witness 136, a Serb field interpreter for UNCIVPOL and UNCRO, 2070 testifiedthat on 5 August 1995 a woman arrived at the UN compound in Knin and describedhow Croatian soldiers had made her walk naked through the town after having killed herhusband at the Atlagić bridge near to the UN compound. 2071 Witness 136 testified thatalthough she saw the woman around the compound, she never spoke to her personallybut had heard about the incident from another interpreter. 2072475. According to the forensic evidence, the well-preserved remains of bodyKN03/098B, exhumed on 30 April 2001 from a cemetery in Knin, wearing in particularmilitary camouflage overalls, a white shirt with blue stripes, and two black boots, wasan approximately 1.65-1.81-metre-tall male between 35 and 55 years old, with gunshotinjuries to the chest which were found by the forensic pathologist to be the cause ofdeath. 2073 According to a report of the Zagreb Institute for Forensic Medicine, dated 8November 2005 and based on details provided by Živko’s sister, Živko Stojakov, a Serbfrom Serbia born on 29 April 1961, died from a gunshot injury to the chest in Knin, on5 August 1995. 2074 On 8 November 2005, body KN03/098B was identified as ŽivkoStojakov, born on 29 April 1961. 20752065 P988 (IHF report from a fact-finding mission to the Krajina, 25 August 1995), p. 2, para. 2.1.5.2066 P988 (IHF report from a fact-finding mission to the Krajina, 25 August 1995), para. 2.1.5.2067 P988 (IHF report from a fact-finding mission to the Krajina, 25 August 1995), para. 2.1.5.2068 P988 (IHF report from a fact-finding mission to the Krajina, 25 August 1995), para. 2.1.5.2069 P988 (IHF report from a fact-finding mission to the Krajina, 25 August 1995), para. 2.1.5.2070 P2 (Witness 136, witness statement, 4 July 1996), pp. 1-2; Witness 136, T. 620, 622, 641, 726, 765,768, 780-782.2071 P2 (Witness 136, witness statement, 4 July 1996), pp. 4-5, Witness 136, T. 724.2072 Witness 136, T. 725-726.2073 P1620 (Autopsy report of KN03/098B, 21 June 2001), pp. 1-2, 4-6, 8, 11-13, 16; P1902 (Photographof remains, KN03/098B); P1903 (Photograph of remains, KN03/098B).2074 P2094 (Report on circumstances of death of Živko Stojakov, 8 November 2005), pp. 1-3.2075 P2007 (List of identified persons exhumed at the New Cemetery in Knin and in Gračac, 8 November2005).272Case No.: IT-06-90-T 15 April 2011 `

39042476. Based on the many similarities of the accounts in the UN human rights report,the IHF report, and Witness 136’s testimony, the Trial Chamber is satisfied that thethree pieces of evidence refer to the same incident. The Trial Chamber notes that thesource for the evidence is the woman accompanying the victim, and that the accounts ofthe events are consistent. The Trial Chamber finds that on or shortly after 5 August1995, near a bridge close to the UN compound in Knin, Živko Stojakov, of Serbethnicity, was shot and killed by one or more persons referred to as HV soldiers. TheTrial Chamber also finds that the victim was wearing a borrowed Canadian UN uniformbut was unarmed and carrying documentation confirming his civilian status. The TrialChamber further finds that he was shouting, “Don’t shoot! UNCRO!” before he waskilled. Finally, the Trial Chamber finds that the same persons forced the Serb woman toundress and threatened her. Based on the description of the perpetrators as soldiers, theTrial Chamber is satisfied that they wore military-type uniforms. However, thedocumentary evidence does not provide further details as to the factual basis for thequalification of the perpetrators as HV soldiers. Consequently, the Trial Chambercannot assess whether this qualification was made on a proper factual basis. However,in this respect the Trial Chamber recalls the evidence underlying its findings in chapter4.2.9 with regard to alleged destruction and plunder in Knin town. Based on theforegoing, the Trial Chamber finds that the persons were members of HV or VP. TheTrial Chamber will further consider this incident in relation to Counts 1, 6, 7, 8, and 9 ofthe Indictment in chapters 5.3.2, 5.7.2, and 5.8.2 below.ðurñija Mirković477. The Trial Chamber has received evidence with regard to the alleged murder ofðurñija Mirković through the testimonies of Sava Mirković, Smiljana Mirković, andJovan Mirković.478. Sava Mirković, a Serb from Mirkovići hamlet in Polača village in Kninmunicipality, who was at times mobilized in the SVK, 2076 testified that when he leftMirkovići with his family on 4 August 1995, his mother ðurñija Mirković née Ivekić2076 P723 (Sava Mirković, witness statement, 9 March 2007), p. 1, para. 1; D720 (Sava Mirković,Prosecution supplemental information sheet, 25 August 2008), p. 1; Sava Mirković, T. 7409, 7413-7415,7434-7436, 7438-7440, 7480-7481, 7484-7485.273Case No.: IT-06-90-T 15 April 2011 `

39043at the UN compound in Knin, who told them that HV soldiers stopped a trailer she hadbeen riding on near Vrbnik, Orlić municip<strong>al</strong>ity, on 5 August 1995 and asked her and herboyfriend, Živko Stojakov, to g<strong>et</strong> down. 2065 Stojakov was wearing a Canadian armyuniform, but was unarmed and had documents verifying that he was not in any militaryservice. 2066 As soon as they stepped off the trailer, a soldier opened fire on Stojakovwith his AK-47 rifle, killing him immediately. 2067 The soldiers then attempted to rap<strong>et</strong>he witness but another group of HV soldiers arrived and stopped them. 2068 Sever<strong>al</strong>hours later the woman was dropped off at the UN compound. 2069474. Witness 136, a Serb field interpr<strong>et</strong>er for UNCIVPOL and UNCRO, 2070 testifiedthat on 5 August 1995 a woman arrived at the UN compound in Knin and describedhow Croatian soldiers had made her w<strong>al</strong>k naked through the town after having killed herhusband at the Atlagić bridge near to the UN compound. 2071 Witness 136 testified that<strong>al</strong>though she saw the woman around the compound, she never spoke to her person<strong>al</strong>lybut had heard about the incident from another interpr<strong>et</strong>er. 2072475. According to the forensic evidence, the well-preserved remains of bodyKN03/098B, exhumed on 30 April 2001 from a cem<strong>et</strong>ery in Knin, wearing in particularmilitary camouflage over<strong>al</strong>ls, a white shirt with blue stripes, and two black boots, wasan approximately 1.65-1.81-m<strong>et</strong>re-t<strong>al</strong>l m<strong>al</strong>e b<strong>et</strong>ween 35 and 55 years old, with gunshotinjuries to the chest which were found by the forensic pathologist to be the cause ofdeath. 2073 According to a report of the Zagreb Institute for Forensic Medicine, dated 8November 2005 and based on d<strong>et</strong>ails provided by Živko’s sister, Živko Stojakov, a Serbfrom Serbia born on 29 April 1961, died from a gunshot injury to the chest in Knin, on5 August 1995. 2074 On 8 November 2005, body KN03/098B was identified as ŽivkoStojakov, born on 29 April 1961. 20752065 P988 (IHF report from a fact-finding mission to the Krajina, 25 August 1995), p. 2, para. 2.1.5.2066 P988 (IHF report from a fact-finding mission to the Krajina, 25 August 1995), para. 2.1.5.2067 P988 (IHF report from a fact-finding mission to the Krajina, 25 August 1995), para. 2.1.5.2068 P988 (IHF report from a fact-finding mission to the Krajina, 25 August 1995), para. 2.1.5.2069 P988 (IHF report from a fact-finding mission to the Krajina, 25 August 1995), para. 2.1.5.2070 P2 (Witness 136, witness statement, 4 July 1996), pp. 1-2; Witness 136, T. 620, 622, 641, 726, 765,768, 780-782.2071 P2 (Witness 136, witness statement, 4 July 1996), pp. 4-5, Witness 136, T. 724.2072 Witness 136, T. 725-726.2073 P1620 (Autopsy report of KN03/098B, 21 June 2001), pp. 1-2, 4-6, 8, 11-13, 16; P1902 (Photographof remains, KN03/098B); P1903 (Photograph of remains, KN03/098B).2074 P2094 (Report on circumstances of death of Živko Stojakov, 8 November 2005), pp. 1-3.2075 P2007 (List of identified persons exhumed at the New Cem<strong>et</strong>ery in Knin and in Gračac, 8 November2005).272Case No.: IT-06-90-T 15 April 2011 `

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