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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38973Bruvno and Mazin, both in Gračac municipality. 2562 When they reached Dobroselo, inDonji Lapac municipality, they observed two columns. 2563 First, a large column ofcivilians, which may also have included soldiers, was travelling from Donji Lapac towntoward Martin Brod, in Bosnia-Herzegovina. Markač ordered the Special Police not totake military action against the first column. 2564 The second column was a mixed groupof civilians and enemy soldiers, including tanks and heavy weaponry, travelling fromSrb, in Donji Lapac municipality, to Martin Brod. 2565 When the second columnencountered the Special Police, the tanks in the column stopped and pointed the barrelsof their guns at the Special Police. 2566 According to Pavlović, Markač ordered theSpecial Police convoy to halt and to avoid pointing weapons at the column. 2567 Thewitness noted that the Special Police only had armoured combat vehicles with machinegunsand a couple of mortars. 2568 During the tense standoff, which lasted several hours,Markač repeated his order not to fire on the enemy forces in order to protect thecivilians. 2569 The mixed column eventually continued unobstructed to the border withBosnia-Herzegovina, and the Special Police continued toward Donji Lapac. 2570 As thespecial police entered Gornji Lapac, in Donji Lapac municipality, the witness noticedfire in fireplaces and warm food on stoves and tables, but he saw no civilians. 2571Between Gornji Lapac and Donji Lapac, the witness observed no destruction. 2572605. Upon entering Donji Lapac with the Special Police around 3 or 3:30 p.m. on 7August 1995, Pavlović observed an enemy heavy-duty army vehicle that had beendestroyed by an artillery shell. 2573 According to radio communications monitored by thewitness as he was entering Donji Lapac, troops from the Split MD had reached Otrić, in2562 D1830 (Davorin Pavlović, witness statement, 11 May 2009), paras 10, 14; Davorin Pavlović, T.25257-25259, 25292-25293, 25297, 25300.2563 D1830 (Davorin Pavlović, witness statement, 11 May 2009), paras 14-15; Davorin Pavlović, T.25258-25259.2564 D1830 (Davorin Pavlović, witness statement, 11 May 2009), para. 15; Davorin Pavlović, T. 25259.2565 D1830 (Davorin Pavlović, witness statement, 11 May 2009), paras 15-16; Davorin Pavlović, T.25259-25260.2566 D1830 (Davorin Pavlović, witness statement, 11 May 2009), para. 16; Davorin Pavlović, T. 25259-25260.2567 D1830 (Davorin Pavlović, witness statement, 11 May 2009), para. 15; Davorin Pavlović, T. 25259.2568 Davorin Pavlović, T. 25259.2569 D1830 (Davorin Pavlović, witness statement, 11 May 2009), para. 16.2570 D1830 (Davorin Pavlović, witness statement, 11 May 2009), paras 14-15, 17; Davorin Pavlović, T.25259-25260.2571 D1830 (Davorin Pavlović, witness statement, 11 May 2009), para. 15; Davorin Pavlović, T. 25258.2572 Davorin Pavlović, T. 25262.2573 D1830 (Davorin Pavlović, witness statement, 11 May 2009), para. 17; Davorin Pavlović, T. 25260-25262, 25267, 25307-25308.342Case No.: IT-06-90-T 15 April 2011 `

38972Gračac municipality. 2574 The witness saw no more than two buildings on fire in DonjiLapac town. 2575 In his witness statement, he testified that the police station was stillburning. 2576 In court, however, the witness testified that the police station itself was noton fire but had been damaged by a shell. He further testified that only the buildingbehind the police station and another building, which someone told him was a hotel,were on fire. 2577 The witness ordered communication personnel to bring all documentsand equipment, including encryption devices, out of the police building. 2578 Markačspoke with the commander of the UN base and remained in the town only a short timebefore continuing on to Boričevac, in Donji Lapac municipality. 2579 Between 2 and 3p.m., the witness heard shelling, and Janić called Sačić and informed him that anunknown artillery unit was firing at Donji Lapac. 2580 The witness left Donji Lapac atapproximately 5 p.m. on 7 August, at which point the town was practically undamaged,and continued on to Boričevac, where he spent an hour or an hour and a half. 2581606. Pavlović learned of the following events that occurred in Donji Lapac after hisdeparture by monitoring radio communications between Janić and Sačić. 2582 Accordingto the witness, the 118th Home Guard Regiment of the HV, which had been left withoutmeans of communication and had lost a commander and 15 of its soldiers, opened fireon Donji Lapac town from the direction of Udbina without realizing that the SpecialPolice were already there. 2583 By radio, Janić reported the scope of the destruction in thearea after the entry of the 118th Home Guard Regiment. 2584 Janić and his unit left thetown, at which point all of the Special Police personnel except six logistics and fourcommunications personnel had left Donji Lapac town. 2585 Markač had to wait until he2574 D1830 (Davorin Pavlović, witness statement, 11 May 2009), paras 8, 21; Davorin Pavlović, T. 25251-25252, 25286-25287.2575 D1830 (Davorin Pavlović, witness statement, 11 May 2009), para. 17; Davorin Pavlović, T. 25261-25262, 25265.2576 D1830 (Davorin Pavlović, witness statement, 11 May 2009), para. 17.2577 Davorin Pavlović, T. 25262, 25308.2578 D1830 (Davorin Pavlović, witness statement, 11 May 2009), para. 17; Davorin Pavlović, T. 25263.2579 D1830 (Davorin Pavlović, witness statement, 11 May 2009), para. 17; Davorin Pavlović, T. 25262-25263.2580 Davorin Pavlović, T. 25263, 25266.2581 D1830 (Davorin Pavlović, witness statement, 11 May 2009), para. 17; Davorin Pavlović, T. 25257-25258, 25263, 25265-25266, 25271, 25296, 25309-25311.2582 D1830 (Davorin Pavlović, witness statement, 11 May 2009), paras 17, 21; Davorin Pavlović, T.25265-25266, 25309.2583 D1830 (Davorin Pavlović, witness statement, 11 May 2009), para. 17; Davorin Pavlović, T. 25265-25267, 25311.2584 Davorin Pavlović, T. 25266, 25272-25273, 25311.2585 D1830 (Davorin Pavlović, witness statement, 11 May 2009), para. 17; Davorin Pavlović, T. 25263,25265-25266, 25308-25309.343Case No.: IT-06-90-T 15 April 2011 `

38972Gračac municip<strong>al</strong>ity. 2574 The witness saw no more than two buildings on fire in DonjiLapac town. 2575 In his witness statement, he testified that the police station was stillburning. 2576 In court, however, the witness testified that the police station itself was noton fire but had been damaged by a shell. He further testified that only the buildingbehind the police station and another building, which someone told him was a hotel,were on fire. 2577 The witness ordered communication personnel to bring <strong>al</strong>l documentsand equipment, including encryption devices, out of the police building. 2578 Markačspoke with the commander of the UN base and remained in the town only a short timebefore continuing on to Boričevac, in Donji Lapac municip<strong>al</strong>ity. 2579 B<strong>et</strong>ween 2 and 3p.m., the witness heard shelling, and Janić c<strong>al</strong>led Sačić and informed him that anunknown artillery unit was firing at Donji Lapac. 2580 The witness left Donji Lapac atapproximately 5 p.m. on 7 August, at which point the town was practic<strong>al</strong>ly undamaged,and continued on to Boričevac, where he spent an hour or an hour and a h<strong>al</strong>f. 2581606. Pavlović learned of the following events that occurred in Donji Lapac after hisdeparture by monitoring radio communications b<strong>et</strong>ween Janić and Sačić. 2582 Accordingto the witness, the 118th Home Guard Regiment of the HV, which had been left withoutmeans of communication and had lost a commander and 15 of its soldiers, opened fireon Donji Lapac town from the direction of Udbina without re<strong>al</strong>izing that the Speci<strong>al</strong>Police were <strong>al</strong>ready there. 2583 By radio, Janić reported the scope of the destruction in thearea after the entry of the 118th Home Guard Regiment. 2584 Janić and his unit left th<strong>et</strong>own, at which point <strong>al</strong>l of the Speci<strong>al</strong> Police personnel except six logistics and fourcommunications personnel had left Donji Lapac town. 2585 Markač had to wait until he2574 D1830 (Davorin Pavlović, witness statement, 11 May 2009), paras 8, 21; Davorin Pavlović, T. 25251-25252, 25286-25287.2575 D1830 (Davorin Pavlović, witness statement, 11 May 2009), para. 17; Davorin Pavlović, T. 25261-25262, 25265.2576 D1830 (Davorin Pavlović, witness statement, 11 May 2009), para. 17.2577 Davorin Pavlović, T. 25262, 25308.2578 D1830 (Davorin Pavlović, witness statement, 11 May 2009), para. 17; Davorin Pavlović, T. 25263.2579 D1830 (Davorin Pavlović, witness statement, 11 May 2009), para. 17; Davorin Pavlović, T. 25262-25263.2580 Davorin Pavlović, T. 25263, 25266.2581 D1830 (Davorin Pavlović, witness statement, 11 May 2009), para. 17; Davorin Pavlović, T. 25257-25258, 25263, 25265-25266, 25271, 25296, 25309-25311.2582 D1830 (Davorin Pavlović, witness statement, 11 May 2009), paras 17, 21; Davorin Pavlović, T.25265-25266, 25309.2583 D1830 (Davorin Pavlović, witness statement, 11 May 2009), para. 17; Davorin Pavlović, T. 25265-25267, 25311.2584 Davorin Pavlović, T. 25266, 25272-25273, 25311.2585 D1830 (Davorin Pavlović, witness statement, 11 May 2009), para. 17; Davorin Pavlović, T. 25263,25265-25266, 25308-25309.343Case No.: IT-06-90-T 15 April 2011 `

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