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Gotovina et al Judgement Volume I - ICTY

Gotovina et al Judgement Volume I - ICTY

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3928549. This is the Tri<strong>al</strong> Chamber’s position with regard to a number of exhibits.50. Exhibit P2402 is a report entitled “Military Operation Storm and its Aftermath,”published by the Croatian Helsinki Committee and edited by Žarko Puhovski. 110 Thereport contains un-sourced statements and double entries. 111 Furthermore, duringexamination of Puhovski in court it became apparent that there were errors in thebook. 112 For these reasons, the Tri<strong>al</strong> Chamber decided not to rely on exhibit P2402 inrelation to information described therein if uncorroborated by other evidence.51. Exhibit P744 is a human rights report listing various events which was compiledby Robert Williams from a vari<strong>et</strong>y of sources, including Philip Berikoff. 113 The reportcontains un-sourced hearsay information, and neither Berikoff nor Williams specifiedthe sources in their testimonies. The report was furthermore inconsistent with otherevidence from Berikoff, notably with regard to timing. 114 For these reasons, the Tri<strong>al</strong>Chamber decided not to rely on the report in relation to information described therein ifuncorroborated by other evidence.52. Exhibit P541 is a list of <strong>al</strong>leged human rights violations from UNMO TeamGračac. Steenbergen had no knowledge of its preparation or the information containedtherein. 115 The <strong>Gotovina</strong> Defence objected to its admission, and urged the Chamber togive it the appropriate weight considering that Steenbergen did not establish itsorigins. 116 For these reasons, the Tri<strong>al</strong> Chamber decided not to rely on the report inrelation to information described therein if uncorroborated by other evidence.53. Exhibit P2417 is a map <strong>al</strong>legedly signed by <strong>Gotovina</strong>, apparently depicting troopmovements b<strong>et</strong>ween 4 and 8 August 1995. The Defence did not object to its admissioninto evidence. 117 It is unclear wh<strong>et</strong>her the map depicts actu<strong>al</strong> or planned troopmovements, nor are <strong>al</strong>l parts of the map legible. Considering this, the Tri<strong>al</strong> Chamberdecided not to rely on exhibit P2417 on its own to establish presence of troops.110 P2316 (Zarko Puhovski, witness statement, 14 June 2007), paras 14-15; Žarko Puhovski, T. 15907.111 E.g. P2402 (Croatian Helsinki Committee, “Military Operation Storm and Its Aftermath”, 2001), pp.143, 153; Žarko Puhovski, T. 16087.112 E.g. P2402 (Croatian Helsinki Committee, “Military Operation Storm and Its Aftermath”, 2001), p.146; Žarko Puhovski, T. 16062-16064.113 Philip Berikoff, T. 7609, 7682; Robert Williams, T. 9646.114 See e.g. Philip Berikoff, T. 7610.115 Herman Steenbergen, T. 5434.116 Herman Steenbergen, T. 5434-5436.117 T. 17183.30Case No.: IT-06-90-T 15 April 2011 `

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