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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39039Mitrovica in Serbia. 2099 The witness later learned from his wife that ðurñija Mirkovićhad been killed. The witness found her burned body and testified that her house hadbeen burned. 2100 When the witness returned to his house in Polača in 2006 the housewas completely destroyed. 2101481. Based on the evidence received, the Trial Chamber finds that on 12 August 1995,in Mirkovići hamlet, Polača village in Knin municipality, two or three persons referredto as soldiers approached Smiljana and ðurñija Mirković, born 1925 and, while cursingthe two women’s Serb mothers, one of them shot ðurñija from about ten metresdistance and killed her. Considering that Smiljana Mirković referred to the persons assoldiers in her testimony, that according to Sava Mirković, Smiljana had told him thatthe persons wore HV uniforms, and the persons’ insults concerning the Serb ethnicity ofðurñija’s and Smiljana’s mothers, the Trial Chamber finds that the person who shotðurñija Mirković was a member of the HV. Considering Sava Mirković’s testimonythat all inhabitants of Mirkovići hamlet were Serbs (see chapter 4.5.3), the TrialChamber finds that ðurñija Mirković was of Serb ethnicity. The Trial Chamber willfurther consider this incident in relation to Counts 1, 6, and 7 of the Indictment inchapters 5.3.2 and 5.8.2 (b) below.Miso Matković and Žarko Vukmirović482. The Trial Chamber has primarily received information about the alleged murderof Miso Matković and Žarko Vukmirović through UNCIVPOL reports. According to aUNCIVPOL incident report dated 7 August 1995, two women reported to UNCIVPOLthat their Serb husbands, Miso Matković and Žarko Vukmirović, were among a groupof people walking to the UN compound in Knin at around 1 p.m. on 5 August 1995. 2102Between the Knin hospital and the ECMM building the men were taken by ten Croatian2099 P628 (Jovan Mirković, witness statement, 9 March 2007), para. 6.2100 P628 (Jovan Mirković, witness statement, 9 March 2007), para. 7.2101 P628 (Jovan Mirković, witness statement, 9 March 2007), para. 8.2102 P3 (Witness 136, witness statement, 11 June 2007), para. 22; D75 (UNCIVPOL report on possiblehuman rights violations, 8 August 1995), p. 4 (UNCIVPOL incident report, S2-95-436 429, 7 August1995).276Case No.: IT-06-90-T 15 April 2011 `

39038soldiers. 2103 The reporting parties, their wives, did not know where they had beentaken. 2104483. Beyond the information contained in the UNCIVPOL incident report, the TrialChamber has received no further evidence about the fate of Miso Matković and ŽarkoVukmirović, including whether they remained missing after 7 August 1995, and if, andunder what circumstances, they died. Under these circumstances, the Trial Chamber willnot further consider this incident in relation to Counts 1, 6, and 7 of the Indictment.4.1.10 Lišane Ostrovičke municipality484. The Trial Chamber has received no, or insufficient, relevant evidence withregard to alleged murders in Lišane Ostrovičke municipality.4.1.11 Lisičić municipality485. The Trial Chamber has received no, or insufficient, relevant evidence withregard to alleged murders in Lisičić municipality.4.1.12 Nadvoda municipality486. The Trial Chamber has received no, or insufficient, relevant evidence withregard to alleged murders in Nadvoda municipality.4.1.13 Obrovac municipality487. The Trial Chamber has received no, or insufficient, relevant evidence withregard to alleged murders in Obrovac municipality.2103 P3 (Witness 136, witness statement, 11 June 2007), para. 22; D75 (UNCIVPOL report on possiblehuman rights violations, 8 August 1995), p. 4 (UNCIVPOL incident report, S2-95-436 429, 7 August1995).2104 P3 (Witness 136, witness statement, 11 June 2007), para. 22; D75 (UNCIVPOL report on possiblehuman rights violations, 8 August 1995), p. 4 (UNCIVPOL incident report, S2-95-436 429, 7 August1995).277Case No.: IT-06-90-T 15 April 2011 `

39038soldiers. 2103 The reporting parties, their wives, did not know where they had beentaken. 2104483. Beyond the information contained in the UNCIVPOL incident report, the Tri<strong>al</strong>Chamber has received no further evidence about the fate of Miso Matković and ŽarkoVukmirović, including wh<strong>et</strong>her they remained missing after 7 August 1995, and if, andunder what circumstances, they died. Under these circumstances, the Tri<strong>al</strong> Chamber willnot further consider this incident in relation to Counts 1, 6, and 7 of the Indictment.4.1.10 Lišane Ostrovičke municip<strong>al</strong>ity484. The Tri<strong>al</strong> Chamber has received no, or insufficient, relevant evidence withregard to <strong>al</strong>leged murders in Lišane Ostrovičke municip<strong>al</strong>ity.4.1.11 Lisičić municip<strong>al</strong>ity485. The Tri<strong>al</strong> Chamber has received no, or insufficient, relevant evidence withregard to <strong>al</strong>leged murders in Lisičić municip<strong>al</strong>ity.4.1.12 Nadvoda municip<strong>al</strong>ity486. The Tri<strong>al</strong> Chamber has received no, or insufficient, relevant evidence withregard to <strong>al</strong>leged murders in Nadvoda municip<strong>al</strong>ity.4.1.13 Obrovac municip<strong>al</strong>ity487. The Tri<strong>al</strong> Chamber has received no, or insufficient, relevant evidence withregard to <strong>al</strong>leged murders in Obrovac municip<strong>al</strong>ity.2103 P3 (Witness 136, witness statement, 11 June 2007), para. 22; D75 (UNCIVPOL report on possiblehuman rights violations, 8 August 1995), p. 4 (UNCIVPOL incident report, S2-95-436 429, 7 August1995).2104 P3 (Witness 136, witness statement, 11 June 2007), para. 22; D75 (UNCIVPOL report on possiblehuman rights violations, 8 August 1995), p. 4 (UNCIVPOL incident report, S2-95-436 429, 7 August1995).277Case No.: IT-06-90-T 15 April 2011 `

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