Gotovina et al Judgement Volume I - ICTY
Share Embed Flag
Download ePaper

Gotovina et al Judgement Volume I - ICTY

Gotovina et al Judgement Volume I - ICTY Gotovina et al Judgement Volume I - ICTY

cpi.hr
12.07.2015 Views

38951indicates that they brought these unspecified items to a check-point. The evidencefurther indicates that two men carried out a couch from a house in Srb to build up theircheck-point and another took rakija away. The Trial Chamber notes that with regard tothe taking of unspecified items, Hill’s evidence is inconsistent as he alternates betweenidentifying the civilian police and HV soldiers as the alleged perpetrators in thisincident. With regard to the taking of the couch and the rakija, Hill’s evidence islikewise inconsistent as in this regard he alternates between blue uniforms and HVsoldiers. The Trial Chamber is therefore unable to draw any conclusions regarding theidentity or affiliation of the alleged perpetrators. Under these circumstances, the TrialChamber will not further consider this incident in relation to Counts 1 and 4 of theIndictment.639. According to John Hill, on 10 August 1995, in Srb town, persons looted, whichthe Trial Chamber understands to mean that these persons took unspecified items away.Hill testified that he identified these persons as HV soldiers of the 4th Brigade by theirarm patches, which he saw. Therefore, the Trial Chamber finds that that these personswere members of the 4th HV Brigade. According to the 1991 Population Census, thepopulation of Srb (Donji Srb and Gornji Srb) was almost entirely Serb, therefore theTrial Chamber finds that a vast majority of the property taken away was owned byKrajina Serbs. The Trial Chamber will further consider this incident in relation toCounts 1 and 4 of the Indictment in chapters 5.6.2, and 5.8.2 (f) below.640. The evidence further indicates that on an unidentified date weeks after OperationStorm, there was recent arson and destruction in Srb and only blue and white SpecialPolice vehicles with police insignia in the vicinity. However, the evidence does notestablish the circumstances under which or by who these building were set alight. Underthese circumstances, the Trial Chamber will not further consider this incident in relationto Counts 1 and 5 of the Indictment.641. The evidence further indicates that before 8 p.m. on 9 September 1995, personsreferred to as Croatian soldiers looted houses in Srb, which the Trial Chamberunderstands to mean they took unspecified items away. Given UNMO’s description ofthese persons as soldiers, the Trial Chamber is satisfied that they wore military-typeuniforms. However, the Trial Chamber has received no further evidence regardingwhich armed forces, if any, the alleged perpetrators belonged to, nor any evidencerelating to which armed forces, if any, were present in or in the vicinity of Srb at the364Case No.: IT-06-90-T 15 April 2011 `

38950time. The Trial Chamber notes that the document cited by the Prosecution in Annex A,page 7 of its Final Brief in support HV of troop presence in Srb on 9 September 1995, ismerely a summary of other UNMO situation reports and does not provide any furtherdetails than the report, P145, referred to above. Therefore this reference does not assistthe Chamber. Therefore, the Trial Chamber is unable to draw any conclusions regardingthe identity or affiliation of the alleged perpetrators. Under these circumstances, theTrial Chamber will not further consider this incident in relation to Counts 1 and 4 of theIndictment.4.2.5 Drniš municipalityManovac642. The Trial Chamber has received relevant evidence with regard to the allegeddestruction of one house in Manovac in Drniš municipality through an UNMO report.On 20 August 1995, UNMO observed one house burning in Manovac and eightCroatian soldiers on the road with a military truck. 2757643. The evidence indicates that on 20 August 1995 one house was burning inManovac, in Drniš municipality and that eight persons referred to as Croatian soldierswere on the road in a military truck. Based on this evidence, the Trial Chamber cannotdraw any definite conclusions regarding those responsible for setting the house on fire.Further, the evidence does not allow the Trial Chamber to draw any conclusion withregard to who owned or inhabited the property. Under these circumstances, the TrialChamber will not further consider this incident in relation to Counts 1 and 5 of theIndictment.Miočić644. The Trial Chamber has received evidence with regard to alleged destruction andlooting in Miočić in Drniš municipality through UNMO and ECMM reports. At 1:05p.m. on 12 August 1995, ECMM observed that Miočić, was deserted and completelydestroyed. 2758 At 11 a.m. on 29 August 1995, UNMO observed approximately 43burned and destroyed houses in Miočić, and 15 dead dogs, sheep, and cows in the2757 D872 (UNMO report, 27 August 1995), p. 2.365Case No.: IT-06-90-T 15 April 2011 `

38951indicates that they brought these unspecified items to a check-point. The evidencefurther indicates that two men carried out a couch from a house in Srb to build up theircheck-point and another took rakija away. The Tri<strong>al</strong> Chamber notes that with regard tothe taking of unspecified items, Hill’s evidence is inconsistent as he <strong>al</strong>ternates b<strong>et</strong>weenidentifying the civilian police and HV soldiers as the <strong>al</strong>leged perp<strong>et</strong>rators in thisincident. With regard to the taking of the couch and the rakija, Hill’s evidence islikewise inconsistent as in this regard he <strong>al</strong>ternates b<strong>et</strong>ween blue uniforms and HVsoldiers. The Tri<strong>al</strong> Chamber is therefore unable to draw any conclusions regarding theidentity or affiliation of the <strong>al</strong>leged perp<strong>et</strong>rators. Under these circumstances, the Tri<strong>al</strong>Chamber will not further consider this incident in relation to Counts 1 and 4 of theIndictment.639. According to John Hill, on 10 August 1995, in Srb town, persons looted, whichthe Tri<strong>al</strong> Chamber understands to mean that these persons took unspecified items away.Hill testified that he identified these persons as HV soldiers of the 4th Brigade by theirarm patches, which he saw. Therefore, the Tri<strong>al</strong> Chamber finds that that these personswere members of the 4th HV Brigade. According to the 1991 Population Census, thepopulation of Srb (Donji Srb and Gornji Srb) was <strong>al</strong>most entirely Serb, therefore theTri<strong>al</strong> Chamber finds that a vast majority of the property taken away was owned byKrajina Serbs. The Tri<strong>al</strong> Chamber will further consider this incident in relation toCounts 1 and 4 of the Indictment in chapters 5.6.2, and 5.8.2 (f) below.640. The evidence further indicates that on an unidentified date weeks after OperationStorm, there was recent arson and destruction in Srb and only blue and white Speci<strong>al</strong>Police vehicles with police insignia in the vicinity. However, the evidence does notestablish the circumstances under which or by who these building were s<strong>et</strong> <strong>al</strong>ight. Underthese circumstances, the Tri<strong>al</strong> Chamber will not further consider this incident in relationto Counts 1 and 5 of the Indictment.641. The evidence further indicates that before 8 p.m. on 9 September 1995, personsreferred to as Croatian soldiers looted houses in Srb, which the Tri<strong>al</strong> Chamberunderstands to mean they took unspecified items away. Given UNMO’s description ofthese persons as soldiers, the Tri<strong>al</strong> Chamber is satisfied that they wore military-typeuniforms. However, the Tri<strong>al</strong> Chamber has received no further evidence regardingwhich armed forces, if any, the <strong>al</strong>leged perp<strong>et</strong>rators belonged to, nor any evidencerelating to which armed forces, if any, were present in or in the vicinity of Srb at the364Case No.: IT-06-90-T 15 April 2011 `

logo

products

Resources

Company

Terms of service
Privacy policy
Cookie policy
Cookie settings
Imprint
Change language
Made with love in Switzerland
© 2024 Yumpu.com all rights reserved

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!