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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39015provided by a relative, whose source of knowledge in respect of the date of death isunclear.523. Two old women told Dawes that a person in HV uniform with a lightning bolt onhis shoulder had killed Milan Balić. Although the level of detail provided by the twowomen could be interpreted to indicate that they directly observed the events, theevidence does not sufficiently establish the women’s source of knowledge in respect ofthese events or the perpetrator. The Trial Chamber further notes, in this respect, thatDawes did not remember the date or location of this incident and that his testimonyregarding the name and ethnicity of the victim appears inconsistent with other evidence.The Trial Chamber further considers that the hearsay evidence regarding the perpetratoris uncorroborated and that, as the date of the incident is not specified, this hearsayevidence cannot be corroborated by evidence of troop presence in or near Riñane at anyspecific time. For the above reasons, the Trial Chamber considers that there isinsufficient reliable evidence relating to by whom Milan Balić was killed. Under thesecircumstances, the Trial Chamber will not further consider this incident in relation toCounts 1, 6, and 7 of the Indictment.Predrag Simić (Further Clarification no. 271)524. The Trial Chamber has received evidence with regard to the alleged murder ofPredrag Simić through the testimony of Stevan Zarić. This witness, a Serb, born in1922, from Zarići hamlet in Orlić village, 2266 stated that a few days before the war inAugust 1995 he heard a speech by President Tuñman on the radio in which Tuñman toldall Serbs who had committed no crimes to stay in their homes and that they and theirfamilies would be safe. According to the witness, people in the village were saying thattheir lives would change when the Croats arrived, and talked about events during theSecond World War when “Ustashi” killed many Serbs. Also according to the witness,many people were fearful and decided to leave, and they suggested to the witness thathe and his family members leave as well. The witness told his two sons, his daughter-inlaw,and his grandchildren that they must leave. 2267 On 4 August 1995, the witnessstated that he and others heard shelling around Knin. 2268 During the evening of the same2266 P2516 (Stevan Zarić, witness statement, 10 September 2003), p. 1, para. 1.2267 P2516 (Stevan Zarić, witness statement, 10 September 2003), para. 3.2268 P2516 (Stevan Zarić, witness statement, 10 September 2003), para. 5.300Case No.: IT-06-90-T 15 April 2011 `

39014day, the witness’s two sons, daughter-in-law, and grandchildren left for Serbia, andduring the day of 4 August 1995 and up to the early afternoon of 5 August 1995 peoplewere leaving, until, according to the witness, there was only the witness, his wife, andthe witness’s 97-year-old mother left in the hamlet of Zarići. 2269 The witness believedthat only about 80 people remained behind in Orlić, mainly elderly, out of an estimatedprevious population of 450-500, almost all Serbs. 2270 The witness stated that all of thehouses had been intact. 2271525. On the morning of 6 August 1995, Predrag Simić came to the witness’s houseand said that he would come back that evening. According to the witness, Predrag wasabout 28 years old, had always avoided military service, had been arrested andimprisoned for about three months because he refused to join the army, always carriedproof of his prison sentence to show that he had never served in the military, and wasdressed in civilian clothing. 2272 During the morning of 6 August 1995, the witness wasin a field on the opposite side of the road from his own house tending to the cattle andlivestock of some of the people who had left. Around 2 p.m., as the witness wasstanding about 40 metres from the main road, and about 15-20 metres from a road thatleads from the main Knin road to Glavica, on the other side of which was Predrag’shouse, he heard a tank coming from the direction of Knin. The witness immediately hidbehind a hedge. As he did so, he saw the tank and some soldiers close by the tank. Thesoldiers were in camouflage uniform and the witness stated that he assumed that theywere Croatian soldiers because there were no other soldiers in the region at the time. 2273As the witness was making his way along a ditch behind the hedge, he heard a burst ofmachine gun fire and some shouting after the shots. 2274 He then quickly crossed the roadand made his way back to his own house. When he was back at his own house, thewitness saw the tank turn around by Predrag’s house and begin to drive back towardsthe direction of Knin. The soldiers were also heading in the direction of Knin. Thatevening, Predrag did not come to the witness’s house as he had said he would. Early thefollowing morning, as he went towards Predrag’s house and as he got to the junction ofthe Knin and Glavica roads, the witness saw a body some 15-20 metres down the2269 P2516 (Stevan Zarić, witness statement, 10 September 2003), paras 2-3.2270 P2516 (Stevan Zarić, witness statement, 10 September 2003), paras 3-4.2271 P2516 (Stevan Zarić, witness statement, 10 September 2003), para. 4.2272 P2516 (Stevan Zarić, witness statement, 10 September 2003), para. 6.2273 P2516 (Stevan Zarić, witness statement, 10 September 2003), para. 7.2274 P2516 (Stevan Zarić, witness statement, 10 September 2003), paras 7-8.301Case No.: IT-06-90-T 15 April 2011 `

39014day, the witness’s two sons, daughter-in-law, and grandchildren left for Serbia, andduring the day of 4 August 1995 and up to the early afternoon of 5 August 1995 peoplewere leaving, until, according to the witness, there was only the witness, his wife, andthe witness’s 97-year-old mother left in the haml<strong>et</strong> of Zarići. 2269 The witness believedthat only about 80 people remained behind in Orlić, mainly elderly, out of an estimatedprevious population of 450-500, <strong>al</strong>most <strong>al</strong>l Serbs. 2270 The witness stated that <strong>al</strong>l of thehouses had been intact. 2271525. On the morning of 6 August 1995, Predrag Simić came to the witness’s houseand said that he would come back that evening. According to the witness, Predrag wasabout 28 years old, had <strong>al</strong>ways avoided military service, had been arrested andimprisoned for about three months because he refused to join the army, <strong>al</strong>ways carriedproof of his prison sentence to show that he had never served in the military, and wasdressed in civilian clothing. 2272 During the morning of 6 August 1995, the witness wasin a field on the opposite side of the road from his own house tending to the cattle andlivestock of some of the people who had left. Around 2 p.m., as the witness wasstanding about 40 m<strong>et</strong>res from the main road, and about 15-20 m<strong>et</strong>res from a road thatleads from the main Knin road to Glavica, on the other side of which was Predrag’shouse, he heard a tank coming from the direction of Knin. The witness immediately hidbehind a hedge. As he did so, he saw the tank and some soldiers close by the tank. Thesoldiers were in camouflage uniform and the witness stated that he assumed that theywere Croatian soldiers because there were no other soldiers in the region at the time. 2273As the witness was making his way <strong>al</strong>ong a ditch behind the hedge, he heard a burst ofmachine gun fire and some shouting after the shots. 2274 He then quickly crossed the roadand made his way back to his own house. When he was back at his own house, thewitness saw the tank turn around by Predrag’s house and begin to drive back towardsthe direction of Knin. The soldiers were <strong>al</strong>so heading in the direction of Knin. Thatevening, Predrag did not come to the witness’s house as he had said he would. Early thefollowing morning, as he went towards Predrag’s house and as he got to the junction ofthe Knin and Glavica roads, the witness saw a body some 15-20 m<strong>et</strong>res down the2269 P2516 (Stevan Zarić, witness statement, 10 September 2003), paras 2-3.2270 P2516 (Stevan Zarić, witness statement, 10 September 2003), paras 3-4.2271 P2516 (Stevan Zarić, witness statement, 10 September 2003), para. 4.2272 P2516 (Stevan Zarić, witness statement, 10 September 2003), para. 6.2273 P2516 (Stevan Zarić, witness statement, 10 September 2003), para. 7.2274 P2516 (Stevan Zarić, witness statement, 10 September 2003), paras 7-8.301Case No.: IT-06-90-T 15 April 2011 `

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