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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38959view Bosnia-Herzegovina. 2721 Hill further stated that in his view, the village was still inCroatia as the maps he had at the time indicated that there were one or two villagesbetween Donji Lapac and the border. 2722621. The Trial Chamber finally received relevant evidence from various sourcesconcerning the second half of August, and September 1995. Witness 136 a Serb fieldinterpreter for UNCIVPOL and UNCRO, 2723 testified that on 18 August 1995 and againon 28 August 1995, she observed a large number of burning houses in Donji Lapac. 2724According to an IHF report dated 25 August 1995, detailing an IHF mission of 17August 1995 to 19 August 1995, the village of Srb in Donji Lapac municipality wascompletely burned and 70 per cent of the town of Donji Lapac was destroyed. 2725According to a UNCIVPOL weekly report, dated 27 August 1995, Donji Lapac wascompletely ruined as a result of arson. 2726 At 6 p.m. on 27 August 1995, UNMOobserved one burning house in Donji Lapac. 2727 At 7:15 p.m. on 30 August 1995,UNMO observed a burning house near Donji Lapac. 2728 Søren Liborius, an ECMMOperations Officer and team leader based in Knin from 28 July 1995 until 27 November1995, 2729 testified that on 1 September 1995, he witnessed occasional burning of barnsand haystacks in Donji Lapac and many HV and police in the area. 2730 According to anHRAT report, dated 6 September 1995, Donji Lapac was found to be, except for severalhouses, completely destroyed and it was recorded that this destruction was clearly not aresult of war operations. 2731 HRAT also reported that on 25 September 1995 it visitedthe town of Donji Lapac, which was destroyed to approximately 80-90 per cent, and2721 P292 (John Hill, witness statement, 21 January 1998), p. 74; John Hill, T. 3784.2722 P292 (John Hill, witness statement, 21 January 1998), p. 74; John Hill, T. 3783-3784; P307 (Map ofroutes taken by John Hill on his travels after Operation Storm).2723 P2 (Witness 136, witness statement, 4 July 1996), pp. 1-2; Witness 136, T. 620, 622, 641, 726, 765,768, 780-782.2724 P2 (Witness 136, witness statement, 4 July 1996), pp. 8-9, 12; P3 (Witness 136, witness statement, 11June 2007), para. 16; Witness 136, T. 641-642; P5 (Map of Sector South marked by Witness 136).2725 William Hayden, T. 10596; P988 (IHF report from a fact-finding mission to the Krajina, 25 August1995), p. 2, para. 1.2.2726 P230 (UNCIVPOL weekly report 21-26 August 1995, 27 August 1995), p. 5.2727 P129 (UNMO Sector South daily situation report, 7 p.m., 27 August 1995), p. 3.2728 P132 (UNMO Sector South daily situation report, 11:59 p.m., 30 August 1995), p. 2.2729 P799 (Søren Liborius, witness statement, 2 November 1995), pp. 1, 3; P800 (Søren Liborius, witnessstatement, 11 November 1997), p. 2; P801 (Søren Liborius, witness statement, 12 October 2005), p. 2;P803 (Søren Liborius, witness statement, 6 September 2008), para. 6; Søren Liborius, T. 8229; D741(Diary of Liborius), p. 3.2730 P801 (Søren Liborius, witness statement, 12 October 2005), p. 12.2731 P710 (HRAT report Donji Lapac and Otrić, 6 September 1995).356Case No.: IT-06-90-T 15 April 2011 `

38958observed a strong HV presence but little sign of normal life. 2732 HRAT further notedthat the road from Donji Lapac to Udbina was still impassable close to Udbina becauseof hundreds of unexploded mortar shells on the road and in the proximity of theroad. 2733622. In addition to the evidence above, the Trial Chamber has considered the evidenceof Josip Čelić, Zdravko Janić, and Josip Turkalj reviewed in chapter 4.4.7; Milan Ilićreviewed in chapter 4.1.4 (Marko Ilić and others - Schedule no. 10), and Philip Berikoffreviewed in chapter 4.2.1. Furthermore, the Trial Chamber has considered P470,reviewed in chapter 6.2.3.623. The Trial Chamber finds that on 7 August 1995 Special Police units and HVunits of the Gospić MD entered Donji Lapac. More specifically, based in particular onthe evidence of Vitez, Herman, Pavlović, Čelić, Cvrk, Turkalj, Janić, Sačić, Repinć, theMarkač interviews, D556, P621, and P2385, the Trial Chamber finds that Special Policeunits started entering town between approximately 12 and 2 p.m., while units of the118th Home Guard Regiment and of the 9th Guards Brigade of the HV arrived a fewhours later, in the late afternoon or early evening. Based on the evidence of Vitez,Pavlović, and Sačić, the Trial Chamber further finds that Markač entered Donji Lapac inthe early afternoon on 7 August 1995, and left again after a few hours.624. The evidence of Witness 82, Vitez, Pavlović, Ilić, Witness MM-25, Čelić, Janić,Sačić, and the Markač interviews shows that by around 3:30 p.m. on 7 August 1995 inDonji Lapac there were only approximately four destroyed or burning buildings, whichthe Trial Chamber has dealt with in chapter 4.4.7. Pavlović testified that at 5 p.m. on 7August 1995 Donji Lapac was still practically undamaged.625. The evidence shows an increase in the destruction of Donji Lapac between 7 and8 August 1995. Pavlović, who after having visited Donji Lapac spent the night of 7August 1995 elsewhere, went back to Donji Lapac on the following day and saw that asubstantial part of it had been torched or damaged. Čelić, who did not see any buildingon fire on 7 August 1995, saw quite a few structures burning on 8 August 1995. Hermannoticed, as he withdrew from Donji Lapac in the evening of 7 August 1995, that somehaystacks and houses had been set on fire. The only eye-witness to the acts of2732 P1099 (Maria Teresa Mauro, witness statement, 6 February 2008), para. 51; P1104 (HRAT dailyreport, 25 September 1995), p. 2.357Case No.: IT-06-90-T 15 April 2011 `

38959view Bosnia-Herzegovina. 2721 Hill further stated that in his view, the village was still inCroatia as the maps he had at the time indicated that there were one or two villagesb<strong>et</strong>ween Donji Lapac and the border. 2722621. The Tri<strong>al</strong> Chamber fin<strong>al</strong>ly received relevant evidence from various sourcesconcerning the second h<strong>al</strong>f of August, and September 1995. Witness 136 a Serb fieldinterpr<strong>et</strong>er for UNCIVPOL and UNCRO, 2723 testified that on 18 August 1995 and againon 28 August 1995, she observed a large number of burning houses in Donji Lapac. 2724According to an IHF report dated 25 August 1995, d<strong>et</strong>ailing an IHF mission of 17August 1995 to 19 August 1995, the village of Srb in Donji Lapac municip<strong>al</strong>ity wascompl<strong>et</strong>ely burned and 70 per cent of the town of Donji Lapac was destroyed. 2725According to a UNCIVPOL weekly report, dated 27 August 1995, Donji Lapac wascompl<strong>et</strong>ely ruined as a result of arson. 2726 At 6 p.m. on 27 August 1995, UNMOobserved one burning house in Donji Lapac. 2727 At 7:15 p.m. on 30 August 1995,UNMO observed a burning house near Donji Lapac. 2728 Søren Liborius, an ECMMOperations Officer and team leader based in Knin from 28 July 1995 until 27 November1995, 2729 testified that on 1 September 1995, he witnessed occasion<strong>al</strong> burning of barnsand haystacks in Donji Lapac and many HV and police in the area. 2730 According to anHRAT report, dated 6 September 1995, Donji Lapac was found to be, except for sever<strong>al</strong>houses, compl<strong>et</strong>ely destroyed and it was recorded that this destruction was clearly not aresult of war operations. 2731 HRAT <strong>al</strong>so reported that on 25 September 1995 it visitedthe town of Donji Lapac, which was destroyed to approximately 80-90 per cent, and2721 P292 (John Hill, witness statement, 21 January 1998), p. 74; John Hill, T. 3784.2722 P292 (John Hill, witness statement, 21 January 1998), p. 74; John Hill, T. 3783-3784; P307 (Map ofroutes taken by John Hill on his travels after Operation Storm).2723 P2 (Witness 136, witness statement, 4 July 1996), pp. 1-2; Witness 136, T. 620, 622, 641, 726, 765,768, 780-782.2724 P2 (Witness 136, witness statement, 4 July 1996), pp. 8-9, 12; P3 (Witness 136, witness statement, 11June 2007), para. 16; Witness 136, T. 641-642; P5 (Map of Sector South marked by Witness 136).2725 William Hayden, T. 10596; P988 (IHF report from a fact-finding mission to the Krajina, 25 August1995), p. 2, para. 1.2.2726 P230 (UNCIVPOL weekly report 21-26 August 1995, 27 August 1995), p. 5.2727 P129 (UNMO Sector South daily situation report, 7 p.m., 27 August 1995), p. 3.2728 P132 (UNMO Sector South daily situation report, 11:59 p.m., 30 August 1995), p. 2.2729 P799 (Søren Liborius, witness statement, 2 November 1995), pp. 1, 3; P800 (Søren Liborius, witnessstatement, 11 November 1997), p. 2; P801 (Søren Liborius, witness statement, 12 October 2005), p. 2;P803 (Søren Liborius, witness statement, 6 September 2008), para. 6; Søren Liborius, T. 8229; D741(Diary of Liborius), p. 3.2730 P801 (Søren Liborius, witness statement, 12 October 2005), p. 12.2731 P710 (HRAT report Donji Lapac and Otrić, 6 September 1995).356Case No.: IT-06-90-T 15 April 2011 `

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