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Gotovina et al Judgement Volume I - ICTY

Gotovina et al Judgement Volume I - ICTY

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39283and cause of death. The sources of such information, as indicated on the documents,were often relatives of the deceased. The Tri<strong>al</strong> Chamber gener<strong>al</strong>ly accepted the person<strong>al</strong>information from such reports as reliable. However, in relation to information onlocation, time, and cause of death the factu<strong>al</strong> basis on which the information providerrelied, remained unclear. Furthermore, on occasions such information was contradictedby evidence provided by witnesses to the <strong>al</strong>leged murders. For these reasons, the Tri<strong>al</strong>Chamber decided not to rely on some of the information from “Reports onCircumstances of Death” if uncorroborated by other evidence.59. Exhibit C5 is Croatia’s Population Census of 1991. When admitting thisdocument into evidence, the Tri<strong>al</strong> Chamber noted that it “may provide context and/orcorroboration to other evidence before the Chamber and assist it in making factu<strong>al</strong>d<strong>et</strong>erminations relevant to the Indictment”. 124 The Tri<strong>al</strong> Chamber was mindful of thefact that the census data relates to 1991 and applied great caution in drawing anyinferences from this data in relation to the <strong>et</strong>hnic composition of the RSK in the summerof 1995. 125 On many occasions in relation to villages of incidents covered by theIndictment, the census data indicated that an extremely high percentage of inhabitants ofa village in 1991 were Serb. Considering <strong>al</strong>so that the parties agree on the fact thatsignificant numbers of non-Serbs left the RSK b<strong>et</strong>ween 1992 and 1995 126 , therebyincreasing the percentage of Serbs on the tot<strong>al</strong> population, the Tri<strong>al</strong> Chamber found thaton some occasions the census provided a sufficient basis to make findings on questionsof <strong>et</strong>hnicity in 1995. The Tri<strong>al</strong> Chamber <strong>al</strong>so considered in this context the possibility ofany remaining Croat population moving within the RSK into villages with a previousSerb majority, thereby <strong>al</strong>tering the <strong>et</strong>hnic composition of those villages. However, this<strong>al</strong>ternative has not been made sufficiently plausible by the evidence received andtherefore does not raise a reasonable doubt in relation to the Tri<strong>al</strong> Chamber’s findingson the <strong>et</strong>hnic compositions of villages.60. In making factu<strong>al</strong> findings, the Tri<strong>al</strong> Chamber gener<strong>al</strong>ly considered the <strong>al</strong>legedcrimes separately and by incident. When the circumstances so <strong>al</strong>lowed, the Tri<strong>al</strong>Chamber considered the evidence on certain crimes tog<strong>et</strong>her. The Tri<strong>al</strong> Chamber124 T. 28488.125 For example, the Tri<strong>al</strong> Chamber refrained from using the census on its own in order to make factu<strong>al</strong>d<strong>et</strong>erminations on the <strong>et</strong>hnicity of single persons, unless the village was exclusively Serb in 1991.126 See Chapter 5.1.2.32Case No.: IT-06-90-T 15 April 2011 `

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