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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38947the forest would be safer than their home. 2770 The group moved around, changing theirposition each night, returning to the Subotić home to get food and to help the oldercouple with chores. 2771650. While hiding in the forest, the group had varying views of Ervenik town, butnever had a clear view of the entire town because of the mountainous terrain. 2772 Gušatestified that the town consisted of about 500 or 600 houses and covered an area ofseven square kilometres. 2773 In the first month of hiding, he saw the burning of housesand the theft of livestock in the town. 2774 During the day they could see smoke risingfrom the town and at night they could see flames. 2775 Specifically, Guša testified thatSubotići, Brekići, and Travica hamlets received the most damage. 2776 Guša testified thathe saw at least 100 houses which had been destroyed in the Subotići area. 2777 He sawgroups of soldiers casually entering houses which shortly thereafter began to burn. 2778The soldiers set three or four houses on fire at a time and then moved to another hamletwhere they repeated the same process. Guša estimated that 80 houses in the centralportion of Ervenik were burnt, along with the village school, and a shop. He did notdetect any selective pattern in the burning. 2779651. For about a month on a daily basis, he saw groups of Croatian soldiers incamouflage uniforms moving from house to house in town removing furniture,electrical appliances, and other valuable household goods, loading it primarily ontocivilian trucks and occasionally onto military trucks. 2780 Croatian soldiers stole cars,trucks, tractors, trailers, and other farming vehicles which had been left behind byresidents. Broken down vehicles were stripped for parts. 2781 Guša also observedCroatian soldiers in uniform stealing thousands of cows, goats, and sheep and openlyloaded them onto trucks and removed them from farms. 2782 On some occasions, Guša2769 P959 (Rajko Guša, witness statement, 28 May 1997), para. 16.2770 P959 (Rajko Guša, witness statement, 28 May 1997), para. 18.2771 P959 (Rajko Guša, witness statement, 28 May 1997), paras 19-20; Rajko Guša, T. 9903-9904.2772 P959 (Rajko Guša, witness statement, 28 May 1997), para. 28.2773 P959 (Rajko Guša, witness statement, 28 May 1997), para. 27.2774 P959 (Rajko Guša, witness statement, 28 May 1997), para. 26.2775 P960 (Rajko Guša, witness statement, 19 February 2008), para. 5.2776 Rajko Guša, T. 9885.2777 Rajko Guša, T. 9890.2778 P959 (Rajko Guša, witness statement, 28 May 1997), para. 31; P960 (Rajko Guša, witness statement,19 February 2008), para. 5.2779 P959 (Rajko Guša, witness statement, 28 May 1997), para. 31.2780 P959 (Rajko Guša, witness statement, 28 May 1997), paras 26, 30.2781 P959 (Rajko Guša, witness statement, 28 May 1997), para. 34.2782 P959 (Rajko Guša, witness statement, 28 May 1997), para. 35.368Case No.: IT-06-90-T 15 April 2011 `

38946saw groups of soldiers herd flocks of goats together, slaughter them, skin and cleanthem, load them and drive away, all very much in the open with no apparentconcern. 2783 He reported that Croatian soldiers stole hay and firewood on a largescale. 2784 Guša estimated that, for over a month, he saw at least ten trucks a day leavingtown carrying stolen property and livestock. 2785652. Guša testified that the soldiers who were conducting the looting and burning didnot show any signs of evasiveness or fear of detection. He explained that there was a lotof military traffic on the main road from which the looting and burning was clearlyvisible, however, this did not prevent the soldiers from committing the acts in theiruniforms or induce them to conceal their activities. He never saw any attempt byanybody to halt the behaviour. 2786 Further, the trucks loaded with looted property weredriven away by soldiers in uniform openly on the road towards Kistanje or Benkovac,joining the flow of largely military traffic, the loads openly displayed. 2787 According toan ECMM report dated 26 August 1995, by 4:20 p.m. on 15 August 1995, Ervenikvillage was burnt down. 2788653. Guša reported that at the end of September 1995, while he was hiding in theforest about 25 metres from the Subotić home, he saw three Croatian soldiers arrive atthe Subotić farm. 2789 The soldiers appeared to be about 45 years old, of medium height,and stout. They had brown hair and one had a moustache. They did not have any visibleinsignia on their camouflage uniforms, but they spoke the Croatian language dialectcommon to the Zadar area. 2790 The soldiers first asked Todor Subotić if they could havefive or six of his livestock. 2791 Todor agreed, but one of the soldiers then insisted thatthey take all of the 130 goats, 40 sheep, two oxen, one cow, and one calf that belongedto the Subotićs. Marta Subotić begged the soldiers to at least leave the cow and calf. Thesoldiers refused to do so, and Marta started to scream. 2792 A soldier, who was standingby the truck, approximately three metres from her, turned, and fired a shot with his2783 P959 (Rajko Guša, witness statement, 28 May 1997), para. 36.2784 P959 (Rajko Guša, witness statement, 28 May 1997), para. 37.2785 P959 (Rajko Guša, witness statement, 28 May 1997), para. 38.2786 P959 (Rajko Guša, witness statement, 28 May 1997), para. 32.2787 P959 (Rajko Guša, witness statement, 28 May 1997), para. 33.2788 P815 (ECMM report by Liborius, 26 August 1995), pp. 1, 7.2789 P959 (Rajko Guša, witness statement, 28 May 1997), para 39; Rajko Guša, T. 9874.2790 P959 (Rajko Guša, witness statement, 28 May 1997), para. 40.2791 Rajko Guša, T. 9874.2792 P959 (Rajko Guša, witness statement, 28 May 1997), para. 39; Rajko Guša, T. 9874.369Case No.: IT-06-90-T 15 April 2011 `

38947the forest would be safer than their home. 2770 The group moved around, changing theirposition each night, r<strong>et</strong>urning to the Subotić home to g<strong>et</strong> food and to help the oldercouple with chores. 2771650. While hiding in the forest, the group had varying views of Ervenik town, butnever had a clear view of the entire town because of the mountainous terrain. 2772 Gušatestified that the town consisted of about 500 or 600 houses and covered an area ofseven square kilom<strong>et</strong>res. 2773 In the first month of hiding, he saw the burning of housesand the theft of livestock in the town. 2774 During the day they could see smoke risingfrom the town and at night they could see flames. 2775 Specific<strong>al</strong>ly, Guša testified thatSubotići, Brekići, and Travica haml<strong>et</strong>s received the most damage. 2776 Guša testified thathe saw at least 100 houses which had been destroyed in the Subotići area. 2777 He sawgroups of soldiers casu<strong>al</strong>ly entering houses which shortly thereafter began to burn. 2778The soldiers s<strong>et</strong> three or four houses on fire at a time and then moved to another haml<strong>et</strong>where they repeated the same process. Guša estimated that 80 houses in the centr<strong>al</strong>portion of Ervenik were burnt, <strong>al</strong>ong with the village school, and a shop. He did notd<strong>et</strong>ect any selective pattern in the burning. 2779651. For about a month on a daily basis, he saw groups of Croatian soldiers incamouflage uniforms moving from house to house in town removing furniture,electric<strong>al</strong> appliances, and other v<strong>al</strong>uable household goods, loading it primarily ontocivilian trucks and occasion<strong>al</strong>ly onto military trucks. 2780 Croatian soldiers stole cars,trucks, tractors, trailers, and other farming vehicles which had been left behind byresidents. Broken down vehicles were stripped for parts. 2781 Guša <strong>al</strong>so observedCroatian soldiers in uniform ste<strong>al</strong>ing thousands of cows, goats, and sheep and openlyloaded them onto trucks and removed them from farms. 2782 On some occasions, Guša2769 P959 (Rajko Guša, witness statement, 28 May 1997), para. 16.2770 P959 (Rajko Guša, witness statement, 28 May 1997), para. 18.2771 P959 (Rajko Guša, witness statement, 28 May 1997), paras 19-20; Rajko Guša, T. 9903-9904.2772 P959 (Rajko Guša, witness statement, 28 May 1997), para. 28.2773 P959 (Rajko Guša, witness statement, 28 May 1997), para. 27.2774 P959 (Rajko Guša, witness statement, 28 May 1997), para. 26.2775 P960 (Rajko Guša, witness statement, 19 February 2008), para. 5.2776 Rajko Guša, T. 9885.2777 Rajko Guša, T. 9890.2778 P959 (Rajko Guša, witness statement, 28 May 1997), para. 31; P960 (Rajko Guša, witness statement,19 February 2008), para. 5.2779 P959 (Rajko Guša, witness statement, 28 May 1997), para. 31.2780 P959 (Rajko Guša, witness statement, 28 May 1997), paras 26, 30.2781 P959 (Rajko Guša, witness statement, 28 May 1997), para. 34.2782 P959 (Rajko Guša, witness statement, 28 May 1997), para. 35.368Case No.: IT-06-90-T 15 April 2011 `

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