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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12.07.2015 Views

38989565. Morneau’s evidence further indicates that Croatian soldiers and police lootedlivestock, cars, tractors and furniture from houses in an area which included Benkovacfor a period of three to four weeks after 4 August 1995. An increased number ofcivilians were involved in the looting after the first week. However, Morneau’stestimony regarding alleged looting by Croatian soldiers in the second, third, and fourthweeks after 4 August 1995 is of a general nature and does not specify the date orlocation of the alleged looting. Similarly, the evidence that Croatian police were lootingthe items specified above is of a general nature, and does not specify where thisallegedly occurred. In the absence of other, more specific, evidence relating to theseincidents, the Trial Chamber is unable to establish where and when these incidentsoccurred. Therefore, the Trial Chamber will not further consider this evidence for thepurpose of making factual findings in respect of Benkovac.566. The Trial Chamber recalls its finding in chapter 4.3.2 (Konstantin Drča) thataround 4:30 p.m, on 11 August 1995, armed VP arrested Konstantin Drča outside hishouse in Benkovac and took him in a civilian car to a privately owned house inBenkovac, which the Drča described as the VP headquarters. For a period of a month,starting from 11 August 1995, men who Drča referred to as VP ordered him and TodorŠarić to remove all personal belongings, including furniture, from apartments inBenkovac. Drča and Šarić loaded the belongings onto civilian trucks with HV licenseplates, driven by persons Drča referred to as VP. Based on Drča’s statement and theevidence of VP presence in Benkovac during August 1995, the Trial Chamber finds thatmembers of the VP ordered Drča and Šarić to take personal belongings, includingfurniture, out of apartments in Benkovac and load them onto civilian trucks with HVlicense plates, driven by VP members. Drča stated that these apartments formerlybelonged to the JNA. Drča’s evidence does not clearly establish how many apartmentshe and Šarić were ordered to remove items from. Consequently, having considered theethnic composition of Benkovac in 1991 and that significant numbers of non-Serbs leftthe former Sector South between 1991 and 1995 (see chapter 5.1.2), the Trial Chamberis nevertheless unable to determine whether the items taken were owned by KrajinaSerbs. The Trial Chamber will further consider these incidents in relation to Counts 1and 4 of the Indictment in chapters 5.6.2 and 5.8.2 (f) below.567. With regard to the storage of items seized by the VP on patrols and at checkpoints,the Trial Chamber specifically considered Captain Grancarić’s reports of 8 and326Case No.: IT-06-90-T 15 April 2011 `

3898810 August 1995, and Drča’s statement. Based on this evidence, the Trial Chamber findsthat the VP took the items seized by the VP and civilian police at check-points and onpatrols in Benkovac during August and September 1995, and stored them at the VPmilitary barracks and a warehouse in Benkovac. At the military barracks in Benkovac,Drča and Šarić unloaded such items, including televisions, doors, cattle, and mechanicaltools, from civilian and military trucks, civilian cars, and tractors. Drča also stated thatpersons he referred to as HV members and civilian police, regularly took items whichhad been seized by the VP and the civilian police, for personal use, and that he waspresent when some of these items were taken to HV apartments and houses. GivenKonstantin Drča’s description of these persons as members of the HV and civilianpolice, the Trial Chamber finds that they wore military-type and police-type uniformsrespectively. Based on Drča’s statement and the evidence of VP presence in Benkovac,the Trial Chamber further finds that in Benkovac during August and September 1995,members of the HV and Croatian civilian police regularly took some of the items, whichhad been seized by the VP and civilian police, for personal use and to HV apartments.The Trial Chamber has considered that in 1991, Benkovac consisted of 2780 Serbs outof a total of 3776 persons, and recalls to its conclusions in chapter 5.1.2 in respect ofnon-Serbs leaving the former Sector South between 1991 and 1995. Further,considering the reported extent of the seizing of items at check-points, and the regularitywith which such seized items were taken for personal use on an ongoing basis forapproximately one month, the Trial Chamber finds that at least some of these items,which were taken by the VP to the VP military barracks and a warehouse in Benkovacand by HV members and civilian police for personal use, were owned by Krajina Serbs.The Trial Chamber will further consider these incidents in relation to Counts 1 and 4 ofthe Indictment in chapters 5.6.2 and 5.8.2 (f) below.568. The evidence also indicates that on 5 August 1995 two or three buildings wereon fire in Benkovac and that on 15 August 1995, two houses were set on fire inBenkovac. The evidence further indicates that on 21 August 1995, two houses wereburning in Benkovac, and that on 1 September 1995, three houses were burning inBenkovac. However the Trial Chamber has received no other reliable evidence as to thecircumstances under which these buildings were set alight. Under these circumstances,the Trial Chamber will not further consider these incidents in relation to Counts 1 and 5of the Indictment.327Case No.: IT-06-90-T 15 April 2011 `

3898810 August 1995, and Drča’s statement. Based on this evidence, the Tri<strong>al</strong> Chamber findsthat the VP took the items seized by the VP and civilian police at check-points and onpatrols in Benkovac during August and September 1995, and stored them at the VPmilitary barracks and a warehouse in Benkovac. At the military barracks in Benkovac,Drča and Šarić unloaded such items, including televisions, doors, cattle, and mechanic<strong>al</strong>tools, from civilian and military trucks, civilian cars, and tractors. Drča <strong>al</strong>so stated thatpersons he referred to as HV members and civilian police, regularly took items whichhad been seized by the VP and the civilian police, for person<strong>al</strong> use, and that he waspresent when some of these items were taken to HV apartments and houses. GivenKonstantin Drča’s description of these persons as members of the HV and civilianpolice, the Tri<strong>al</strong> Chamber finds that they wore military-type and police-type uniformsrespectively. Based on Drča’s statement and the evidence of VP presence in Benkovac,the Tri<strong>al</strong> Chamber further finds that in Benkovac during August and September 1995,members of the HV and Croatian civilian police regularly took some of the items, whichhad been seized by the VP and civilian police, for person<strong>al</strong> use and to HV apartments.The Tri<strong>al</strong> Chamber has considered that in 1991, Benkovac consisted of 2780 Serbs outof a tot<strong>al</strong> of 3776 persons, and rec<strong>al</strong>ls to its conclusions in chapter 5.1.2 in respect ofnon-Serbs leaving the former Sector South b<strong>et</strong>ween 1991 and 1995. Further,considering the reported extent of the seizing of items at check-points, and the regularitywith which such seized items were taken for person<strong>al</strong> use on an ongoing basis forapproximately one month, the Tri<strong>al</strong> Chamber finds that at least some of these items,which were taken by the VP to the VP military barracks and a warehouse in Benkovacand by HV members and civilian police for person<strong>al</strong> use, were owned by Krajina Serbs.The Tri<strong>al</strong> Chamber will further consider these incidents in relation to Counts 1 and 4 ofthe Indictment in chapters 5.6.2 and 5.8.2 (f) below.568. The evidence <strong>al</strong>so indicates that on 5 August 1995 two or three buildings wereon fire in Benkovac and that on 15 August 1995, two houses were s<strong>et</strong> on fire inBenkovac. The evidence further indicates that on 21 August 1995, two houses wereburning in Benkovac, and that on 1 September 1995, three houses were burning inBenkovac. However the Tri<strong>al</strong> Chamber has received no other reliable evidence as to thecircumstances under which these buildings were s<strong>et</strong> <strong>al</strong>ight. Under these circumstances,the Tri<strong>al</strong> Chamber will not further consider these incidents in relation to Counts 1 and 5of the Indictment.327Case No.: IT-06-90-T 15 April 2011 `

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