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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38953633. Søren Liborius, an ECMM Operations Officer and team leader based in Kninfrom 28 July 1995 until 27 November 1995, 2743 stated that at an unidentified date weeksafter Operation Storm, he saw recent arson and destruction in Srb or Donji Srb in DonjiLapac municipality and only blue and white Special Police vehicles with police insigniain the vicinity. 2744 One of Liborius’s colleagues made a telephone call to the Kninheadquarters and was told that there was a Special Police operation ongoing. 2745634. According to an UNMO report, before 8 p.m. on 9 September 1995, UNMOobserved Croatian soldiers loot houses in Srb, D. Suvaja and Brotnja, all in Donji Lapacmunicipality. 2746635. Vladimir Gojanović, a former HV soldier, 2747 testified that at around 2-3 p.m.on 8 August 1995, while he was in Zrmanja, Gračac municipality, he received an orderfrom his Battalion commander which he believed was passed on from CommanderDaniel Kotlar, that the unit was to move to the Bosnian border. 2748 Radoslav JuričevSudac, Tank Platoon Commander within the Armoured Mechanized Company of the113th Šibenik Reserve Brigade during Operation Storm, 2749 also stated that he was inZrmanja on 8 August, but only for two to three hours. 2750 On the evening of 8 August1995, Gojanović testified that his unit reached Donji Srb, in Donji Lapac municipality,where they searched the terrain and fought with members of the SVK who, according toGojanović, were in the hills around Donji Srb. 2751 Gojanović further testified that hestayed for two to four days in Donji Srb, and that there was a lack of discipline in theBrigade as demonstrated by the fact that soldiers from the Brigade were shooting at2743 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. 3.2744 Søren Liborius, T. 11294-11296.2745 Søren Liborius, T. 11298.2746 P145 (UNMO Sector South daily situation report, 8 p.m., 9 September 1995), pp. 1, 5.2747 P194 (Vladimir Gojanović, witness statement, 20 January 2005), paras 2-3; Vladimir Gojanović, T.2973, 2983, 2987, 3010-3011, 3015, 3018-3019, 3039, 3119, 3121-3122, 3131-3133, 3138; C2(Gojanović’s military record), pp. 1, 3-4, 19; P198 (Further record of Gojanović’s military service), pp. 1-2; P200 (Letter of Daniel Kotlar terminating the mobilization of Vladimir Gojanović, 30 August 1995), p.1.2748 P194 (Vladimir Gojanović, witness statement, 20 January 2005), para. 17; P196 (Vladimir Gojanović,supplemental information sheet, 14 May 2008), para. 7.2749 P194 (Vladimir Gojanović, witness statement, 20 January 2005), para. 3; D193 (Radoslav JuričevSudac, witness statement, 12 May 2008), para. 2; Radoslav Juričev Sudac, T. 21364.2750 D193 (Radoslav Juričev Sudac, witness statement, 12 May 2008), para. 11.2751 P194 (Vladimir Gojanović, witness statement, 20 January 2005), paras 18-19; Vladimir Gojanović, T.2928-2929, 2934, 2937, 2960-2961; P197 (Map of Gojanović’s movement during Operation Storm,marked by Gojanović).362Case No.: IT-06-90-T 15 April 2011 `

38952night for no particular reason. 2752 While in Donji Srb, Gojanović testified that he sawsoldiers looting items and taking them away to Šibenik in private vehicles, militaryvehicles, and civilian buses that Gojanović testified had been commandeered by themilitary to transport troops. 2753 Gojanović recalled that on one occasion, CommanderKotlar visited the area of Donji Srb and shouted at the soldiers not to torch or lootproperty. 2754 Gojanović testified that on this occasion, neither looting nor the settingalight of houses could have been observed from the spot where Commander Kotlaraddressed the soldiers. 2755 However, since there was smoke in the area, one couldconclude that certain buildings were burning at the time. 2756636. In addition, the Trial Chamber has also considered D559 reviewed in Chapter3.1.1 and P2349 reviewed in chapter 4.2.8 (Gošić).637. After having cautiously reviewed Gojanović’s evidence and considering that it ispartially corroborated by P2349, the Trial Chamber finds that Vladimir Gojanović, anHV soldier, and his unit were present in Donji Srb from the evening of 8 August 1995for two to four days. During this time, persons referred to as soldiers took items away inprivate and military vehicles and civilian buses. Based on the witness’s description ofthese persons as soldiers, the Trial Chamber is satisfied the persons wore military-typeuniforms. Considering that the persons referred to utilised, among others, militaryvehicles, that HV troops were billeted in the village at that time, and that the number ofvehicles used implies that a significant number of persons were involved, the Chamberfinds that they were members of Croatian military forces or Special Police. Accordingto the 1991 Population Census, the population of Srb (Donji Srb and Gornji Srb) wasalmost entirely Serb, therefore the Trial Chamber finds that a vast majority if not all ofthe property taken away was owned by Krajina Serbs. Therefore, the Trial Chamber willfurther consider these incidents in relation to Counts 1 and 4 of the Indictment inchapters 5.6.2 and 5.8.2 (f) below.638. According to John Hill, on 10 August 1995, persons looted houses in Srb whichthe Trial Chamber understands to mean they took unspecified items away. The evidence2752 P194 (Vladimir Gojanović, witness statement, 20 January 2005), paras 18-19.2753 P194 (Vladimir Gojanović, witness statement, 20 January 2005), para. 20; Vladimir Gojanović, T.2967-2969.2754 P194 (Vladimir Gojanović, witness statement, 20 January 2005), para. 20; Vladimir Gojanović, T.3062.2755 Vladimir Gojanović, T. 2975.2756 Vladimir Gojanović, T. 2967-2968, 2975.363Case No.: IT-06-90-T 15 April 2011 `

38953633. Søren Liborius, an ECMM Operations Officer and team leader based in Kninfrom 28 July 1995 until 27 November 1995, 2743 stated that at an unidentified date weeksafter Operation Storm, he saw recent arson and destruction in Srb or Donji Srb in DonjiLapac municip<strong>al</strong>ity and only blue and white Speci<strong>al</strong> Police vehicles with police insigniain the vicinity. 2744 One of Liborius’s colleagues made a telephone c<strong>al</strong>l to the Kninheadquarters and was told that there was a Speci<strong>al</strong> Police operation ongoing. 2745634. According to an UNMO report, before 8 p.m. on 9 September 1995, UNMOobserved Croatian soldiers loot houses in Srb, D. Suvaja and Brotnja, <strong>al</strong>l in Donji Lapacmunicip<strong>al</strong>ity. 2746635. Vladimir Gojanović, a former HV soldier, 2747 testified that at around 2-3 p.m.on 8 August 1995, while he was in Zrmanja, Gračac municip<strong>al</strong>ity, he received an orderfrom his Batt<strong>al</strong>ion commander which he believed was passed on from CommanderDaniel Kotlar, that the unit was to move to the Bosnian border. 2748 Radoslav JuričevSudac, Tank Platoon Commander within the Armoured Mechanized Company of the113th Šibenik Reserve Brigade during Operation Storm, 2749 <strong>al</strong>so stated that he was inZrmanja on 8 August, but only for two to three hours. 2750 On the evening of 8 August1995, Gojanović testified that his unit reached Donji Srb, in Donji Lapac municip<strong>al</strong>ity,where they searched the terrain and fought with members of the SVK who, according toGojanović, were in the hills around Donji Srb. 2751 Gojanović further testified that hestayed for two to four days in Donji Srb, and that there was a lack of discipline in theBrigade as demonstrated by the fact that soldiers from the Brigade were shooting at2743 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. 3.2744 Søren Liborius, T. 11294-11296.2745 Søren Liborius, T. 11298.2746 P145 (UNMO Sector South daily situation report, 8 p.m., 9 September 1995), pp. 1, 5.2747 P194 (Vladimir Gojanović, witness statement, 20 January 2005), paras 2-3; Vladimir Gojanović, T.2973, 2983, 2987, 3010-3011, 3015, 3018-3019, 3039, 3119, 3121-3122, 3131-3133, 3138; C2(Gojanović’s military record), pp. 1, 3-4, 19; P198 (Further record of Gojanović’s military service), pp. 1-2; P200 (L<strong>et</strong>ter of Daniel Kotlar terminating the mobilization of Vladimir Gojanović, 30 August 1995), p.1.2748 P194 (Vladimir Gojanović, witness statement, 20 January 2005), para. 17; P196 (Vladimir Gojanović,supplement<strong>al</strong> information she<strong>et</strong>, 14 May 2008), para. 7.2749 P194 (Vladimir Gojanović, witness statement, 20 January 2005), para. 3; D193 (Radoslav JuričevSudac, witness statement, 12 May 2008), para. 2; Radoslav Juričev Sudac, T. 21364.2750 D193 (Radoslav Juričev Sudac, witness statement, 12 May 2008), para. 11.2751 P194 (Vladimir Gojanović, witness statement, 20 January 2005), paras 18-19; Vladimir Gojanović, T.2928-2929, 2934, 2937, 2960-2961; P197 (Map of Gojanović’s movement during Operation Storm,marked by Gojanović).362Case No.: IT-06-90-T 15 April 2011 `

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