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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38981these soldiers as Croatian. Consequently, the Trial Chamber cannot assess whether thisqualification was made on a proper factual basis. In relation to those persons out of thegroup of persons referred to as soldiers, that Berikoff described in greater detail as ragtag,rugged, unshaven, with ripped-off sleeves, headbands, and no markings, theirappearance raises further doubt as to their affiliation with the HV. In relation to thepersons described as wearing grey cover-all uniforms, with guns and machetes, thisdescription likewise offers insufficient evidence to conclude the affiliation of theperpetrators, if any.585. Dangerfield reported that he was detained for a couple of minutes by what hedescribes as a special police officer. Berikoff, on the other hand, reported that one of thegroup of rugged, unshaven uniformed Croatian men with ripped-off sleeves, headbandsand no markings who threatened Berikoff’s group at gunpoint brought them to a policestation where they were detained, and later a civil policeman released them. Thisevidence on the person who detained Berikoff, Dangerfield, and others is notsufficiently clear to establish the affiliation of this person, if any, and does not allow forany conclusions as to the affiliation of the perpetrators of the burnings, if any.586. The Chamber has not received any further evidence regarding the identity oraffiliation of the perpetrators who set fire to the houses on 12 August 1995, includingevidence about which armed forces, if any, were present in or in the vicinity of Cetina atthe time. Under these circumstances, the Trial Chamber will not further consider theseincidents in relation to Counts 1, 4, and 5 of the Indictment.587. The evidence before the Chamber indicates that before 8 p.m. on 13 August1995, the village Cetina was almost empty, that there were a few recently burnt housesand decomposing animals that someone had shot. The evidence further indicates thatbefore 8 p.m. on 28 August 1995, there were at least 25 burnt houses in Cetina. Theevidence received further indicates that at 1 p.m. on 2 September 1995, the OrthodoxChurch in Cetina was completely burned in the inside, and religious items weresmashed and burned, and that 95 percent of the deserted town of Cetina was recentlyburned down. There were also a few dead cattle on the road. However, there isinsufficient evidence as to the circumstances under which and by whom the houses wereset on fire, the animals were killed, and the interior of the Orthodox Church was set onfire and damaged. Under these circumstances, the Chamber will not further considerthese incidents in relation to Counts 1 and 5 of the Indictment.334Case No.: IT-06-90-T 15 April 2011 `

38980588. The evidence received indicates that at 1 p.m. on 2 September 1995, more than50 civilians were looting houses in the area of Cetina. Because the evidence indicatesthat the perpetrators were civilians, the Chamber will not further consider theseincidents in relation to Count 1 of the Indictment.Civljane village589. The Trial Chamber has received relevant evidence with regard to allegeddestruction and plunder in Civljane village primarily through the testimonies of JureRadić and Philip Berikoff. According to the 1991 Population Census, the population ofCivljane consisted of 790 Serbs out of a total of 819 persons in 1991. 2514590. At 10 a.m. on 11 August 1995, ECMM observed that 50 per cent of Civljanevillage was burnt. 2515 Jure Radić, Deputy Prime Minister and the Minister forReconstruction and Development between 1994 and 2000, 2516 testified that on 15August 1995, when travelling on the road from Sinj to Knin he saw burning houses inCivljane village, at a distance of a couple of hundred metres from the road. 2517 Radićopined that in the villages in the area immediately after the war, those looting andsetting fire to property wore military uniforms, but were not members of the HV. 2518Radić based this opinion on a number of factors: he claimed that although the HV andcivilian police would have prevented civilians from entering this area, people still cameto the area in uniforms in order to loot and burn; he believed the HV to be disciplinedand organized; and he had discussions with colleagues and friends who werecommanders in the HV, including Marijan Perković, a secretary in Radić’s Ministrywho was a member of the HV. 2519 Radić told President Tuñman of the burning housesin Civljane that he had observed on 15 August 1995 and Tuñman agreed with Radić thatthe events were not good. 2520 As Tuñman answered that he kept saying that such actsshould be prevented, Radić concluded that others had already told Tuñman of similarevents. 2521 The Croatian Government’s position was to condemn the looting and2514 C5 (State Bureau of Statistics Population Census of 1991, National Structure of the Population ofCroatia According to Settlement), p.110.2515 P815 (ECMM report by Liborius, 26 August 1995), p. 6.2516 Jure Radić, T. 27127, 27215, 27378.2517 Jure Radić, T. 27345, 27367-27368.2518 Jure Radić, T. 27345-27346, 27368; D2021 (Tanjug daily newspaper article, 23 August 1995).2519 Jure Radić, T. 27368-27370, 27378.2520 Jure Radić, T. 27345, 27367-27368, 27371-27372.2521 Jure Radić, T. 27371.335Case No.: IT-06-90-T 15 April 2011 `

38980588. The evidence received indicates that at 1 p.m. on 2 September 1995, more than50 civilians were looting houses in the area of C<strong>et</strong>ina. Because the evidence indicatesthat the perp<strong>et</strong>rators were civilians, the Chamber will not further consider theseincidents in relation to Count 1 of the Indictment.Civljane village589. The Tri<strong>al</strong> Chamber has received relevant evidence with regard to <strong>al</strong>legeddestruction and plunder in Civljane village primarily through the testimonies of JureRadić and Philip Berikoff. According to the 1991 Population Census, the population ofCivljane consisted of 790 Serbs out of a tot<strong>al</strong> of 819 persons in 1991. 2514590. At 10 a.m. on 11 August 1995, ECMM observed that 50 per cent of Civljanevillage was burnt. 2515 Jure Radić, Deputy Prime Minister and the Minister forReconstruction and Development b<strong>et</strong>ween 1994 and 2000, 2516 testified that on 15August 1995, when travelling on the road from Sinj to Knin he saw burning houses inCivljane village, at a distance of a couple of hundred m<strong>et</strong>res from the road. 2517 Radićopined that in the villages in the area immediately after the war, those looting ands<strong>et</strong>ting fire to property wore military uniforms, but were not members of the HV. 2518Radić based this opinion on a number of factors: he claimed that <strong>al</strong>though the HV andcivilian police would have prevented civilians from entering this area, people still cam<strong>et</strong>o the area in uniforms in order to loot and burn; he believed the HV to be disciplinedand organized; and he had discussions with colleagues and friends who werecommanders in the HV, including Marijan Perković, a secr<strong>et</strong>ary in Radić’s Ministrywho was a member of the HV. 2519 Radić told President Tuñman of the burning housesin Civljane that he had observed on 15 August 1995 and Tuñman agreed with Radić thatthe events were not good. 2520 As Tuñman answered that he kept saying that such actsshould be prevented, Radić concluded that others had <strong>al</strong>ready told Tuñman of similarevents. 2521 The Croatian Government’s position was to condemn the looting and2514 C5 (State Bureau of Statistics Population Census of 1991, Nation<strong>al</strong> Structure of the Population ofCroatia According to S<strong>et</strong>tlement), p.110.2515 P815 (ECMM report by Liborius, 26 August 1995), p. 6.2516 Jure Radić, T. 27127, 27215, 27378.2517 Jure Radić, T. 27345, 27367-27368.2518 Jure Radić, T. 27345-27346, 27368; D2021 (Tanjug daily newspaper article, 23 August 1995).2519 Jure Radić, T. 27368-27370, 27378.2520 Jure Radić, T. 27345, 27367-27368, 27371-27372.2521 Jure Radić, T. 27371.335Case No.: IT-06-90-T 15 April 2011 `

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