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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3928549. This is the Trial 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 Trial 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 variety 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 TrialChamber decided not to rely on the report in relation to information described therein ifuncorroborated by other evidence.52. Exhibit P541 is a list of alleged human rights violations from UNMO TeamGračac. Steenbergen had no knowledge of its preparation or the information containedtherein. 115 The Gotovina 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 Trial Chamber decided not to rely on the report inrelation to information described therein if uncorroborated by other evidence.53. Exhibit P2417 is a map allegedly signed by Gotovina, apparently depicting troopmovements between 4 and 8 August 1995. The Defence did not object to its admissioninto evidence. 117 It is unclear whether the map depicts actual or planned troopmovements, nor are all parts of the map legible. Considering this, the Trial 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 `

3928454. Exhibit P689 is an inter-agency human rights violations report which cites assources only the agency from which the information originated. As the report onlycontains summarized information and lacks clearly indicated sources, the Trial Chamberdecided not to rely on it in relation to information described therein if uncorroborated byother evidence.55. Exhibit D183 is a Human Rights Watch report dated August 1996 whichpurports to deal with the issues of HV impunity for crimes committed during OperationStorm and the denial of refugees’ right to return to the Krajina. Considering that thedocument is not referred to by the parties in their final briefs and that the majority ofevidence contained therein comes from indirect sources, the Trial Chamber decided notto rely on exhibit D183 without corroboration by other evidence.56. Exhibit D1631 is a chart depicting the status of Croatian investigations intokillings identified on the Prosecution's Further Clarification of Killings and ScheduledKillings Lists. 118 The document is undated and was seemingly compiled by MladenBajić’s office, based on unclear sources. 119 Accordingly, the Trial Chamber decided notto rely on exhibit D1631 in relation to details, such as ethnicities of the listed victims.57. Exhibit P988 is an IHF report dated 25 August 1995 based on informationgathered by a fact-finding mission to the Knin area from 17-19 August 1995. 120 Thereport was prepared by William Hayden. 121 During examination of Hayden in court, itbecame apparent that the reported information required further investigations and thatthe framework conditions for gathering the report’s information were sub-optimal. 122 Atleast in one instance, the Trial Chamber has found that the report was significantlyinaccurate. 123 Accordingly, the Trial Chamber decided not to rely on exhibit P988 fordetails if uncorroborated by other evidence.58. The Trial Chamber admitted a number of documents entitled “Reports onCircumstances of Death” in relation to alleged murder victims. These reports providepersonal information about the victim as well as information about the location, time,118 Mladen Bajić, T. 20754-20756.119 Mladen Bajić, T. 20835-20837.120 William Hayden, T. 10587; P988 (IHF report from a fact-finding mission to the Krajina, 25 August1995), p. 2.121 William Hayden, T. 10588.122 William Hayden, T. 10646.123 Witness 1, T. 8760-8761; P988 (IHF report from a fact-finding mission to the Krajina, 25 August1995), para. 2.1.3.31Case No.: IT-06-90-T 15 April 2011 `

3928454. Exhibit P689 is an inter-agency human rights violations report which cites assources only the agency from which the information originated. As the report onlycontains summarized information and lacks clearly indicated sources, the Tri<strong>al</strong> Chamberdecided not to rely on it in relation to information described therein if uncorroborated byother evidence.55. Exhibit D183 is a Human Rights Watch report dated August 1996 whichpurports to de<strong>al</strong> with the issues of HV impunity for crimes committed during OperationStorm and the deni<strong>al</strong> of refugees’ right to r<strong>et</strong>urn to the Krajina. Considering that thedocument is not referred to by the parties in their fin<strong>al</strong> briefs and that the majority ofevidence contained therein comes from indirect sources, the Tri<strong>al</strong> Chamber decided notto rely on exhibit D183 without corroboration by other evidence.56. Exhibit D1631 is a chart depicting the status of Croatian investigations intokillings identified on the Prosecution's Further Clarification of Killings and ScheduledKillings Lists. 118 The document is undated and was seemingly compiled by MladenBajić’s office, based on unclear sources. 119 Accordingly, the Tri<strong>al</strong> Chamber decided notto rely on exhibit D1631 in relation to d<strong>et</strong>ails, such as <strong>et</strong>hnicities of the listed victims.57. Exhibit P988 is an IHF report dated 25 August 1995 based on informationgathered by a fact-finding mission to the Knin area from 17-19 August 1995. 120 Thereport was prepared by William Hayden. 121 During examination of Hayden in court, itbecame apparent that the reported information required further investigations and thatthe framework conditions for gathering the report’s information were sub-optim<strong>al</strong>. 122 Atleast in one instance, the Tri<strong>al</strong> Chamber has found that the report was significantlyinaccurate. 123 Accordingly, the Tri<strong>al</strong> Chamber decided not to rely on exhibit P988 ford<strong>et</strong>ails if uncorroborated by other evidence.58. The Tri<strong>al</strong> Chamber admitted a number of documents entitled “Reports onCircumstances of Death” in relation to <strong>al</strong>leged murder victims. These reports provideperson<strong>al</strong> information about the victim as well as information about the location, time,118 Mladen Bajić, T. 20754-20756.119 Mladen Bajić, T. 20835-20837.120 William Hayden, T. 10587; P988 (IHF report from a fact-finding mission to the Krajina, 25 August1995), p. 2.121 William Hayden, T. 10588.122 William Hayden, T. 10646.123 Witness 1, T. 8760-8761; P988 (IHF report from a fact-finding mission to the Krajina, 25 August1995), para. 2.1.3.31Case No.: IT-06-90-T 15 April 2011 `

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