Gotovina et al Judgement Volume I - ICTY

Gotovina et al Judgement Volume I - ICTY Gotovina et al Judgement Volume I - ICTY

12.07.2015 Views

390374.1.14 Oklaj municipality488. The Trial Chamber has received no, or insufficient, relevant evidence withregard to alleged murders in Oklaj municipality.4.1.15 Orlić municipalityStevo Berić and others (Schedule no. 7)489. The Trial Chamber has received evidence with regard to the alleged murder ofStevo Berić and others, and alleged destruction in Uzdolje in Orlić municipalityprimarily through the testimonies of Witness 3, Dragutin Junjga, and Witness 67.According to the 1991 Population Census, the population of Uzdolje consisted of 766Serbs out of a total of 767 persons in 1991. 2105490. Witness 3, a Serb from the Serb village Uzdolje in Orlić municipality, 2106testified that around 5 a.m. on 4 August 1995 she was woken up by strongdetonations. 2107 The witness heard detonations, and then saw smoke rising fromPromina hill. 2108 According to the witness a lot of the shells seemed to be landing nearthe radio-communications tower that was located on Promina. 2109 The shelling wasintense until 7 a.m., after which the witness only heard occasional shells. 2110 Witness 3testified that at approximately 6:30 p.m. on 5 August 1995 she fled her village with fourother persons along the road in the direction of Knin via Vrbnik in Orlićmunicipality. 2111 The others were Stevo Berić (born in 1933), his wife Janja (born in1931), Ðura Berić (born in 1920), and Bosiljka Berić (born in 1965). 2112 The witnesshad not heard about any evacuation plan for the village. 2113 When they came close to thehamlet of Amanovići in Vrbnik around 8 p.m., the witness saw the entire hamlet burnand heard shouting and automatic weapons fire. 2114 The witness thought it was the HV,2105 C5 (State Bureau of Statistics Population Census of 1991, National Structure of the Population ofCroatia According to Settlement), p. 110.2106 P81 (Witness 3, witness statement, 13 October 2003), paras 1, 3, 5; Witness 3, T. 1872-1873, 1906.2107 P81 (Witness 3, witness statement, 13 October 2003), para. 5; Witness 3, T. 1906.2108 P81 (Witness 3, witness statement, 13 October 2003), para. 5; P82 (Witness 3, witness statement, 10July 2007), para. 2; Witness 3, T. 1906.2109 P82 (Witness 3, witness statement, 10 July 2007), para. 2; Witness 3, T. 1906.2110 P81 (Witness 3, witness statement, 13 October 2003), para. 6.2111 P81 (Witness 3, witness statement, 13 October 2003), paras 5, 7-8.2112 P81 (Witness 3, witness statement, 13 October 2003), paras 5, 8.2113 Witness 3, T. 1907.2114 P81 (Witness 3, witness statement, 13 October 2003), para. 8; P82 (Witness 3, witness statement, 10July 2007), para. 3; Witness 3, T. 1900-1903.278Case No.: IT-06-90-T 15 April 2011 `

39036because the SVK had already fled together with the population. 2115 The witness couldalso see fire from neighbouring hamlets, which were too far to see the extent of theburning there. 2116 The five returned to Uzdolje. 2117491. The witness testified that around 7 a.m. on 6 August 1995 she and the four othersleft their village again, in the direction of the main road from Knin to Drniš. 2118 Whenthey arrived in Šare hamlet, in Orlić municipality, around 8 a.m., they met Krste Šare(born in 1930), Bosa Šare (born in 1940), Jandrija Šare (born in 1932), and Milica Šare(born in 1922) who had no intention to flee. 2119 Everyone wore civilian clothes. 2120While they were standing next to the dirt road leading from the main road to the houses(which the witness called the “Progon”), three men approached them in a white civilianRenault car and started shooting towards the witness and her companions from adistance of around 30 metres. 2121 The three men cursed the “Chetnik” mothers of thewitness and her companions, and asked for money and gold. 2122 They asked Stevo Berićfor documents. 2123 While Stevo Berić was showing his documents to the men, one ofthem pushed him, and he fell to the ground. 2124 When Stevo Berić tried to collect hisdocuments one of the men said: “You won’t need them anymore”. 2125 One of the threemen had blood-shot eyes, long black hair, was wearing a black t-shirt, with a blackribbon that read “for the fatherland – ready”, camouflage pants, and a blackhandkerchief around his neck. 2126 The other two men wore camouflage uniforms. 2127 Allthree were armed with automatic weapons. 2128 They wore insignia but the witness couldnot remember which kind, except that they were not of the 7th Varaždin Brigade. 2129One of the men in camouflage uniform pointed an automatic rifle at the back of Bosiljka2115 Witness 3, T. 1902-1904.2116 P82 (Witness 3, witness statement, 10 July 2007), para. 3.2117 P81 (Witness 3, witness statement, 13 October 2003), para. 8; P82 (Witness 3, witness statement, 10July 2007), para. 3.2118 P81 (Witness 3, witness statement, 13 October 2003), paras 8-9; Witness 3, T. 1874.2119 P81 (Witness 3, witness statement, 13 October 2003), para. 10; Witness 3, T. 1908.2120 P81 (Witness 3, witness statement, 13 October 2003), para. 17; P82 (Witness 3, witness statement, 10July 2007), para. 4.2121 P81 (Witness 3, witness statement, 13 October 2003), paras 10-11; Witness 3, T. 1877, 1897, 1908.2122 P81 (Witness 3, witness statement, 13 October 2003), paras 11-12; Witness 3, T. 1897.2123 P81 (Witness 3, witness statement, 13 October 2003), para. 12.2124 P81 (Witness 3, witness statement, 13 October 2003), para. 12.2125 P81 (Witness 3, witness statement, 13 October 2003), para. 12.2126 P81 (Witness 3, witness statement, 13 October 2003), para. 11; Witness 3, T. 1916.2127 P81 (Witness 3, witness statement, 13 October 2003), para. 11.2128 P81 (Witness 3, witness statement, 13 October 2003), para. 11; Witness 3, T. 1897.2129 P81 (Witness 3, witness statement, 13 October 2003), para. 11; Witness 3, T. 1878-1879, 1910.279Case No.: IT-06-90-T 15 April 2011 `

39036because the SVK had <strong>al</strong>ready fled tog<strong>et</strong>her with the population. 2115 The witness could<strong>al</strong>so see fire from neighbouring haml<strong>et</strong>s, which were too far to see the extent of theburning there. 2116 The five r<strong>et</strong>urned to Uzdolje. 2117491. The witness testified that around 7 a.m. on 6 August 1995 she and the four othersleft their village again, in the direction of the main road from Knin to Drniš. 2118 Whenthey arrived in Šare haml<strong>et</strong>, in Orlić municip<strong>al</strong>ity, around 8 a.m., they m<strong>et</strong> Krste Šare(born in 1930), Bosa Šare (born in 1940), Jandrija Šare (born in 1932), and Milica Šare(born in 1922) who had no intention to flee. 2119 Everyone wore civilian clothes. 2120While they were standing next to the dirt road leading from the main road to the houses(which the witness c<strong>al</strong>led the “Progon”), three men approached them in a white civilianRenault car and started shooting towards the witness and her companions from adistance of around 30 m<strong>et</strong>res. 2121 The three men cursed the “Ch<strong>et</strong>nik” mothers of thewitness and her companions, and asked for money and gold. 2122 They asked Stevo Berićfor documents. 2123 While Stevo Berić was showing his documents to the men, one ofthem pushed him, and he fell to the ground. 2124 When Stevo Berić tried to collect hisdocuments one of the men said: “You won’t need them anymore”. 2125 One of the threemen had blood-shot eyes, long black hair, was wearing a black t-shirt, with a blackribbon that read “for the fatherland – ready”, camouflage pants, and a blackhandkerchief around his neck. 2126 The other two men wore camouflage uniforms. 2127 Allthree were armed with automatic weapons. 2128 They wore insignia but the witness couldnot remember which kind, except that they were not of the 7th Varaždin Brigade. 2129One of the men in camouflage uniform pointed an automatic rifle at the back of Bosiljka2115 Witness 3, T. 1902-1904.2116 P82 (Witness 3, witness statement, 10 July 2007), para. 3.2117 P81 (Witness 3, witness statement, 13 October 2003), para. 8; P82 (Witness 3, witness statement, 10July 2007), para. 3.2118 P81 (Witness 3, witness statement, 13 October 2003), paras 8-9; Witness 3, T. 1874.2119 P81 (Witness 3, witness statement, 13 October 2003), para. 10; Witness 3, T. 1908.2120 P81 (Witness 3, witness statement, 13 October 2003), para. 17; P82 (Witness 3, witness statement, 10July 2007), para. 4.2121 P81 (Witness 3, witness statement, 13 October 2003), paras 10-11; Witness 3, T. 1877, 1897, 1908.2122 P81 (Witness 3, witness statement, 13 October 2003), paras 11-12; Witness 3, T. 1897.2123 P81 (Witness 3, witness statement, 13 October 2003), para. 12.2124 P81 (Witness 3, witness statement, 13 October 2003), para. 12.2125 P81 (Witness 3, witness statement, 13 October 2003), para. 12.2126 P81 (Witness 3, witness statement, 13 October 2003), para. 11; Witness 3, T. 1916.2127 P81 (Witness 3, witness statement, 13 October 2003), para. 11.2128 P81 (Witness 3, witness statement, 13 October 2003), para. 11; Witness 3, T. 1897.2129 P81 (Witness 3, witness statement, 13 October 2003), para. 11; Witness 3, T. 1878-1879, 1910.279Case No.: IT-06-90-T 15 April 2011 `

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