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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38977or in the vicinity of Dnopolje at the time. The Trial Chamber is therefore unable to drawany conclusions regarding the identity or affiliation of the perpetrators. Under thesecircumstances, the Trial Chamber will not further consider this incident in relation toCounts 1 and 4 of the Indictment.Dobroselo597. The Trial Chamber has received evidence with regard to alleged destruction inDobroselo in Donji Lapac municipality primarily through UNMO and HRAT reports.At 4 p.m. on 9 September 1995, UNMO observed Croatian soldiers destroy a WorldWar II monument in Dobroselo, in Donji Lapac municipality. 2525 HRAT reported thaton 25 September 1995 HRAT travelled through the villages of Dobroselo and GorniLapac, both in Donji Lapac municipality, and observed that both villages were 60 to 70per cent destroyed. 2526598. The evidence suggests that on 9 September 1995, persons referred to as soldiersdestroyed a World War II monument in Dobroselo, in Donji Lapac municipality. Basedon UNMO’s description of these persons as Croatian soldiers, the Trial Chamber issatisfied they wore military-type uniforms. However, the UNMO report does notprovide further details as to the factual basis for the qualification as Croatian soldiers.Consequently, the Trial Chamber cannot assess whether this qualification was made ona proper factual basis. The Trial Chamber has received no other reliable evidence aboutwhich armed forces, if any, the alleged perpetrators belonged to. Nor has the TrialChamber received sufficient evidence about which armed forces, if any, were present inDobroselo at the time. The Trial Chamber is therefore unable to draw any conclusionsregarding the identity or affiliation of the perpetrators.599. Moreover, the evidence indicates that by 25 September 1995, 60 to 70 per cent ofthe villages of Dobroselo and Gorni Lapac, both in Donji Lapac municipality, weredestroyed. However, the Trial Chamber has received insufficient reliable evidenceregarding the circumstances under which and by whom these villages were destroyed.2524 P129 (UNMO Sector South daily situation report, 7 p.m., 27 August 1995), p. 3.2525 P145 (UNMO Sector South daily situation report, 8 p.m., 9 September 1995), p. 5.2526 P1099 (Maria Teresa Mauro, witness statement, 6 February 2008), para. 51; P1104 (HRAT dailyreport, 25 September 1995), p. 2.338Case No.: IT-06-90-T 15 April 2011 `

38976Under these circumstances, the Trial Chamber will not further consider these incidentsin relation to Counts 1 and 5 of the Indictment.Donji Lapac town600. The Trial Chamber has received relevant evidence with regard to allegeddestruction and plunder in Donji Lapac town through the testimonies of a large numberof witnesses, including Witness 82, John Hill, Dražen Vitez, Ivan Herman, DavorinPavlović, Philip Berikoff, Josip Čelić, Zdravko Janić, and Željko Sačić. According tothe 1991 Population Census, the population of Donji Lapac consisted of 1742 Serbs outof a total of 1791 persons in 1991. 2527601. Dražen Vitez, who during Operation Storm was Assistant Commander for theSpecial Police Unit of the Varaždin Police Administration, 2528 testified that, going fromthe Gračac area to Donji Lapac, he and his unit moved mainly on foot through mainlyuninhabited and hilly areas until they reached the Lapac – Dobroselo road, in DonjiLapac municipality. 2529 They also passed through Mazin, in Gračac municipality, wherethey encountered no resistance. 2530 There the witness saw civilians for the first time,elderly women and men standing in front of several houses, and his policemen toldthem to wait there because regular police or someone else would come to pick themup. 2531 They ascended the winding road above Mazin. 2532 Around 1 p.m. on 7 August1995, as the witness and his unit reached the first houses outside of Donji Lapac, theycame under artillery fire which lasted roughly half an hour. 2533 They did not knowwhether it was enemy or friendly fire and because of natural obstacles in theconfiguration of the terrain they could not communicate with the Special Police’s MainStaff. 2534 When the artillery fire was over, the witness and his unit continued into Donji2527 C5 (State Bureau of Statistics Population Census of 1991, National Structure of the Population ofCroatia According to Settlement), p. 72.2528 D1893 (Dražen Vitez, witness statement, 12 May 2009), p. 1, para. 1; Dražen Vitez, T. 25970-25972,25986, 25977, 25999.2529 D1893 (Dražen Vitez, witness statement, 12 May 2009), para. 5; Dražen Vitez, T. 25990, 26061-26062.2530 Dražen Vitez, T. 25989.2531 Dražen Vitez, T. 25989, 26071.2532 Dražen Vitez, T. 25989-25990.2533 D1893 (Dražen Vitez, witness statement, 12 May 2009), para. 5; Dražen Vitez, T. 25989-25990,25996, 26062.2534 D1893 (Dražen Vitez, witness statement, 12 May 2009), para. 5; Dražen Vitez, T. 25990, 26056.339Case No.: IT-06-90-T 15 April 2011 `

38977or in the vicinity of Dnopolje at the time. The Tri<strong>al</strong> Chamber is therefore unable to drawany conclusions regarding the identity or affiliation of the perp<strong>et</strong>rators. Under thesecircumstances, the Tri<strong>al</strong> Chamber will not further consider this incident in relation toCounts 1 and 4 of the Indictment.Dobroselo597. The Tri<strong>al</strong> Chamber has received evidence with regard to <strong>al</strong>leged destruction inDobroselo in Donji Lapac municip<strong>al</strong>ity primarily through UNMO and HRAT reports.At 4 p.m. on 9 September 1995, UNMO observed Croatian soldiers destroy a WorldWar II monument in Dobroselo, in Donji Lapac municip<strong>al</strong>ity. 2525 HRAT reported thaton 25 September 1995 HRAT travelled through the villages of Dobroselo and GorniLapac, both in Donji Lapac municip<strong>al</strong>ity, and observed that both villages were 60 to 70per cent destroyed. 2526598. The evidence suggests that on 9 September 1995, persons referred to as soldiersdestroyed a World War II monument in Dobroselo, in Donji Lapac municip<strong>al</strong>ity. Basedon UNMO’s description of these persons as Croatian soldiers, the Tri<strong>al</strong> Chamber issatisfied they wore military-type uniforms. However, the UNMO report does notprovide further d<strong>et</strong>ails as to the factu<strong>al</strong> basis for the qu<strong>al</strong>ification as Croatian soldiers.Consequently, the Tri<strong>al</strong> Chamber cannot assess wh<strong>et</strong>her this qu<strong>al</strong>ification was made ona proper factu<strong>al</strong> basis. The Tri<strong>al</strong> Chamber has received no other reliable evidence aboutwhich armed forces, if any, the <strong>al</strong>leged perp<strong>et</strong>rators belonged to. Nor has the Tri<strong>al</strong>Chamber received sufficient evidence about which armed forces, if any, were present inDobroselo at the time. The Tri<strong>al</strong> Chamber is therefore unable to draw any conclusionsregarding the identity or affiliation of the perp<strong>et</strong>rators.599. Moreover, the evidence indicates that by 25 September 1995, 60 to 70 per cent ofthe villages of Dobroselo and Gorni Lapac, both in Donji Lapac municip<strong>al</strong>ity, weredestroyed. However, the Tri<strong>al</strong> Chamber has received insufficient reliable evidenceregarding the circumstances under which and by whom these villages were destroyed.2524 P129 (UNMO Sector South daily situation report, 7 p.m., 27 August 1995), p. 3.2525 P145 (UNMO Sector South daily situation report, 8 p.m., 9 September 1995), p. 5.2526 P1099 (Maria Teresa Mauro, witness statement, 6 February 2008), para. 51; P1104 (HRAT dailyreport, 25 September 1995), p. 2.338Case No.: IT-06-90-T 15 April 2011 `

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