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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39275Split MD. 167 According to Botteri, those units that were subordinated to the Split MDbut were not organic included the 1st HGZ Croatian Guards Corps or 144th GuardsBrigade, the 2nd Battalion of the 9th Guards Brigade, the 81st Guards Battalion, and the7th Guards Brigade. 168 According to Botteri, although the boundary of the Split MDchanged several times, at one point, the Velebit Mountains served as its boundary. 169Botteri also testified that the Split MD headquarters was located in Lora Split and aForward Command Post was established in Zadar a year or two before OperationStorm. 17075. The Trial Chamber has received further relevant evidence from the Prosecutioninterviews with Čermak, who was present in Knin following Operation Storm. Wheninterviewed by the Prosecution, Čermak stated that as the Commander of the Split MD,Gotovina commanded all military units in the Split MD, including the Home Guardsregiment and the VP. 171 He further stated that Gotovina was the main commander ofOperation Storm, which included command over the 4th and 7th Brigades, which theTrial Chamber understands to refer to the 4th and 7th Guards Brigades. 172 According toČermak, Gotovina held the rank of Colonel General. 173 According to Čermak, fromwhen he arrived in Knin until he left, Ante Gotovina had his headquarters, which wasthe military command of the operative zone, in the building next to Čermak’s office. 174However, Čermak stated that Gotovina was not always in his office. 175 According to167 P1005 (Ljiljana Botteri, witness statement 20 January 2004), para. 45; D878 (Ljiljana Botteri, witnessstatement, 24 October 2008), para. 19; Ljiljana Botteri, T. 10952; D880 (Order operatively resubordinatingthe 7th Guards Brigade to the Split MD issued by General Janko Bobetko, 3 July 1995).168 D878 (Ljiljana Botteri, witness statement, 24 October 2008), para. 19; Ljiljana Botteri, T. 10952;D880 (Order operatively re-subordinating the 7th Guards Brigade to the Split MD issued by GeneralJanko Bobetko, 3 July 1995).169 P1005 (Ljiljana Botteri, witness statement, 20 January 2004), para. 28.170 P1005 (Ljiljana Botteri, witness statement, 20 January 2004), para. 29.171 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), pp. 50, 118-119; P2526 (Suspectinterview with Ivan Čermak, 17 March 1998), pp. 16-17, 28-29, 31, 104; P2532 (Accused interview withIvan Čermak, 7 June 2004), pp. 6, 23, 54-55. See also D1706 (Petar Pašić, witness statement, 3 March2002), p. 6.172 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), pp. 115, 118; P2526 (Suspect interviewwith Ivan Čermak, 17 March 1998), pp. 27-28, 31-33; P2532 (Accused interview with Ivan Čermak, 7June 2004), p. 7; P2707 (Additional portions of suspect interview with Ivan Čermak, 17 March 1998), pp.7, 9-10.173 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), p. 126.174 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), pp. 40, 109-110, 125; P2526 (Suspectinterview with Ivan Čermak, 17 March 1998), pp. 14, 27-29, 31, 64; P2532 (Accused interview with IvanČermak, 7 June 2004), pp. 16, 18. See also D1706 (Petar Pašić, witness statement, 3 March 2002), pp. 5-6; Petar Pašić, T. 22781.175 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), p. 125; P2526 (Suspect interview withIvan Čermak, 17 March 1998), pp. 102-103; P2532 (Accused interview with Ivan Čermak, 7 June 2004),pp. 15, 17, 27-28, 55.40Case No.: IT-06-90-T 15 April 2011 `

39274Čermak, Gotovina’s headquarters was also the headquarters of the 4th and 7th Brigades,who were stationed after Operation Storm in the barracks on the outskirts of Knin. 176Čermak stated that these brigades were there when he arrived in Knin. 177 Čermak statedthat General Ivan Korade, whom he met once or twice in the Knin fortress, was thecommander of the 7th Brigade (“Puma”). 178 He further stated that General DamirKrstičević was the commander of the 4th Brigade. 179 He added that Krstičević’s officewas in Knin, and that he met him once or twice. 180 He stated, with some uncertainty,that parts of the 7th Brigade were still there when he left Knin. 181 He further stated thatthe 4th Brigade was still in Knin when he left. 182 Čermak stated that General Norac wasthe commander of the Gospić Operative Zone, within the boundaries of Lika-Senjcounty. 18376. The Trial Chamber now turns to the organization and numerical strength of theSplit MD before, during, and after Operation Storm. On 28 June and on 5 July 1995,Assistant Chief of Staff Marko Bilić reported to Gotovina that the numerical strength ofthe Split MD units was 23,562 and 23,847 on the respective dates of reporting, whichincluded members of HV Brigades, artillery units and logistics staff. The reports listedthe units of the Split MD and included the 72nd VP Battalion, but did not list the 7thGuards Brigade. 18477. According to an undated list of Split MD troops for Operation Storm, the SplitMD had 32,884 troops in operational units, 1,341 troops in artillery support units and a176 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), pp. 40, 44; P2526 (Suspect interviewwith Ivan Čermak, 17 March 1998), pp. 32, 35-37, 47, 103; P2707 (Additional portions of suspectinterview with Ivan Čermak, 17 March 1998), p. 11; D37 (Slobodna Dalmacija interview with IvanČermak, 10 August 1995), p. 1; D38 (Večernji list interview with Ivan Čermak, 11 August 1995), pp. 2-3.177 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), p. 40.178 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), p. 126; P2526 (Suspect interview withIvan Čermak, 17 March 1998), pp. 34-36; P2707 (Additional portions of suspect interview with IvanČermak, 17 March 1998), pp. 10-11. See also D1706 (Petar Pašić, witness statement, 3 March 2002), p. 6.179 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), p. 126; P2526 (Suspect interview withIvan Čermak, 17 March 1998), p. 37; P2707 (Additional portions of suspect interview with Ivan Čermak,17 March 1998), pp. 10, 12. See also D1706 (Petar Pašić, witness statement, 3 March 2002), p. 6.180 P2526 (Suspect interview with Ivan Čermak, 17 March 1998), p. 38.181 P2526 (Suspect interview with Ivan Čermak, 17 March 1998), pp. 36-37, 103; P2707 (Additionalportions of suspect interview with Ivan Čermak, 17 March 1998), pp. 11-12.182 P2526 (Suspect interview with Ivan Čermak, 17 March 1998), pp. 37, 103.183 P2526 (Suspect interview with Ivan Čermak, 17 March 1998), p. 33.184 P1209 (Report from Marko Bilić on numerical strength of Split MD units, for Ante Gotovina, 5 July1995); D992 (Report from Marko Bilić on numerical strength of Split MD units, to Ante Gotovina, 28June 1995).41Case No.: IT-06-90-T 15 April 2011 `

39275Split MD. 167 According to Botteri, those units that were subordinated to the Split MDbut were not organic included the 1st HGZ Croatian Guards Corps or 144th GuardsBrigade, the 2nd Batt<strong>al</strong>ion of the 9th Guards Brigade, the 81st Guards Batt<strong>al</strong>ion, and the7th Guards Brigade. 168 According to Botteri, <strong>al</strong>though the boundary of the Split MDchanged sever<strong>al</strong> times, at one point, the Velebit Mountains served as its boundary. 169Botteri <strong>al</strong>so testified that the Split MD headquarters was located in Lora Split and aForward Command Post was established in Zadar a year or two before OperationStorm. 17075. The Tri<strong>al</strong> Chamber has received further relevant evidence from the Prosecutioninterviews with Čermak, who was present in Knin following Operation Storm. Wheninterviewed by the Prosecution, Čermak stated that as the Commander of the Split MD,<strong>Gotovina</strong> commanded <strong>al</strong>l military units in the Split MD, including the Home Guardsregiment and the VP. 171 He further stated that <strong>Gotovina</strong> was the main commander ofOperation Storm, which included command over the 4th and 7th Brigades, which theTri<strong>al</strong> Chamber understands to refer to the 4th and 7th Guards Brigades. 172 According toČermak, <strong>Gotovina</strong> held the rank of Colonel Gener<strong>al</strong>. 173 According to Čermak, fromwhen he arrived in Knin until he left, Ante <strong>Gotovina</strong> had his headquarters, which wasthe military command of the operative zone, in the building next to Čermak’s office. 174However, Čermak stated that <strong>Gotovina</strong> was not <strong>al</strong>ways in his office. 175 According to167 P1005 (Ljiljana Botteri, witness statement 20 January 2004), para. 45; D878 (Ljiljana Botteri, witnessstatement, 24 October 2008), para. 19; Ljiljana Botteri, T. 10952; D880 (Order operatively resubordinatingthe 7th Guards Brigade to the Split MD issued by Gener<strong>al</strong> Janko Bob<strong>et</strong>ko, 3 July 1995).168 D878 (Ljiljana Botteri, witness statement, 24 October 2008), para. 19; Ljiljana Botteri, T. 10952;D880 (Order operatively re-subordinating the 7th Guards Brigade to the Split MD issued by Gener<strong>al</strong>Janko Bob<strong>et</strong>ko, 3 July 1995).169 P1005 (Ljiljana Botteri, witness statement, 20 January 2004), para. 28.170 P1005 (Ljiljana Botteri, witness statement, 20 January 2004), para. 29.171 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), pp. 50, 118-119; P2526 (Suspectinterview with Ivan Čermak, 17 March 1998), pp. 16-17, 28-29, 31, 104; P2532 (Accused interview withIvan Čermak, 7 June 2004), pp. 6, 23, 54-55. See <strong>al</strong>so D1706 (P<strong>et</strong>ar Pašić, witness statement, 3 March2002), p. 6.172 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), pp. 115, 118; P2526 (Suspect interviewwith Ivan Čermak, 17 March 1998), pp. 27-28, 31-33; P2532 (Accused interview with Ivan Čermak, 7June 2004), p. 7; P2707 (Addition<strong>al</strong> portions of suspect interview with Ivan Čermak, 17 March 1998), pp.7, 9-10.173 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), p. 126.174 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), pp. 40, 109-110, 125; P2526 (Suspectinterview with Ivan Čermak, 17 March 1998), pp. 14, 27-29, 31, 64; P2532 (Accused interview with IvanČermak, 7 June 2004), pp. 16, 18. See <strong>al</strong>so D1706 (P<strong>et</strong>ar Pašić, witness statement, 3 March 2002), pp. 5-6; P<strong>et</strong>ar Pašić, T. 22781.175 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), p. 125; P2526 (Suspect interview withIvan Čermak, 17 March 1998), pp. 102-103; P2532 (Accused interview with Ivan Čermak, 7 June 2004),pp. 15, 17, 27-28, 55.40Case No.: IT-06-90-T 15 April 2011 `

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