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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38907731. With regard to the sheep that the HV members Perković and Petrić took comingback from the field in Zrmanja, the Chamber finds it established with sufficientcertainty that the sheep belonged to someone, but does not find it established withsufficient certainty that these sheep were Krajina Serb property. The Trial Chamber willfurther consider this incident in relation to Counts 1 and 4 of the Indictment.732. With regard to the stereo system that Milenko Hrstić, an HV member, allegedlytook from an elderly man called Pupovac in Zrmanja, and with regard to a smallchainsaw that he allegedly took from a house in Zrmanja, the Trial Chamber notes thatthe only evidence it received in this regard is an uncorroborated official note of aninterview with Milenko Hrstić. The Trial Chamber refers to its discussion of sources ofevidence in chapter 2. The Trial Chamber is therefore not able to assess whether thisevidence is sufficiently probative and therefore will not further consider these incidentsin relation to Counts 1 and 4 of the Indictment.4.2.8 Kistanje municipalityBiovičino Selo, Macure, and Kolašac733. The Trial Chamber has received relevant evidence with regard to allegeddestruction and plunder in Biovičino Selo, Macure, and Kolašac in Kistanjemunicipality through the testimonies of Maria Teresa Mauro, Edward Flynn, and SørenLiborius as well as UNCIVPOL and UNMO reports.734. Søren Liborius, an ECMM Operations Officer and team leader based in Kninfrom 28 July 1995 until 27 November 1995, 3018 testified that on 15 August 1995, he sawa few houses on fire in Macure, in Kistanje municipality. Another few houses hadalready burnt down. According to Liborius, uniformed HV soldiers were in the vicinityof Macure village and Macure suffered burnings and destruction in the second half ofAugust 1995. Liborius testified that old “Krajina” signs on the walls were smashed andthat a new “Ustasha” sign was painted after 15 August 1995. 30193018 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. 3.3019 P842 (Video of villages in Sector South with commentary by Liborius, 17, 20-21 May 1997), p. 4.408Case No.: IT-06-90-T 15 April 2011 `

38906735. According to a UNCIVPOL incident report, dated 15 August 1995, UNCIVPOLobserved that the HV was burning “all the houses” in Biovičino Selo, Kolašac, andMacure, all in Kistanje municipality. 3020 At 8:30 a.m. on 30 August 1995, UNMOobserved one burning house near Macure and Torbice, both in Kistanje municipality. 3021736. Maria Teresa Mauro, a UN civil affairs officer and HRAT member in theformer Sector South based in Knin from March to December 1995, 3022 testified that on 5September 1995 she visited the village of Biovičino Selo, in Kistanje municipality, andconfirmed that she saw four cars parked in front of some houses which were beinglooted, as described in an HRAT report of 5 September 1995. 3023 She further confirmedthat when they asked the persons who were looting what they were doing, theyproduced a document issued by the office for trade in Šibenik authorizing them tocollect cattle, as described in an HRAT report of 5 September 1995. 3024 She added thatthese people were soldiers and they were obviously not looking for cattle. 3025 Shefurther confirmed that people in that region complained of harassment and beingthreatened by HV soldiers and civilians, as described in an HRAT report of 5 September1995. 3026737. Edward Flynn, a Human Rights Officer with the Office of the UNHCHR andthe leader of one of the HRATs in the former Sector South from 7 August to mid-September 1995, 3027 testified that on 5 September 1995, he visited – alongside fourdeserted villages in the area – Biovičino Selo, in Kistanje municipality, where a fewremaining local residents told him that they continued to face harassment by HVsoldiers and Croatian civilians and that they felt very insecure. 3028 Flynn observed thatfour cars were parked in front of neighbouring houses, which were being ransacked by3020 P224 (UNCIVPOL incident report, 15 August 1995), p. 1.3021 P133 (UNMO Sector South daily situation report, 8 p.m., 30 August 1995), p. 4.3022 P1098 (Maria Teresa Mauro, witness statement, 3 March 2000), pp. 1-2; P1099 (Maria Teresa Mauro,witness statement, 6 February 2008), p. 1, paras 1, 7-9, 11-12; Maria Teresa Mauro, T. 11998, 12000,12024, 12075-12076.3023 P1098 (Maria Teresa Mauro, witness statement, 3 March 2000), p. 6.3024 P1098 (Maria Teresa Mauro, witness statement, 3 March 2000), p. 6; P1099 (Maria Teresa Mauro,witness statement, 6 February 2008), para. 46.3025 P1098 (Maria Teresa Mauro, witness statement, 3 March 2000), p. 6.3026 P1098 (Maria Teresa Mauro, witness statement, 3 March 2000), p. 6; P1099 (Maria Teresa Mauro,witness statement, 6 February 2008), para. 42.3027P20 (Edward Flynn, witness statement, 29 June 1997), pp. 1-2, 6, 13, 23; P21 (Edward Flynn, witnessstatement, 26-27 February 2008), p. 1, paras 3-4, 36; Edward Flynn, T. 1044, 1270, 1291-1292, 1312,1325.3028 P20 (Edward Flynn, witness statement, 29 June 1997), p. 33; P21 (Edward Flynn, witness statement,26-27 February 2008), para. 30; P38 (Weekly report from Hussein Al-Alfi, 2-8 September 1995), p. 4;P50 (HRAT daily report, 5 September 1995), p. 1.409Case No.: IT-06-90-T 15 April 2011 `

38906735. According to a UNCIVPOL incident report, dated 15 August 1995, UNCIVPOLobserved that the HV was burning “<strong>al</strong>l the houses” in Biovičino Selo, Kolašac, andMacure, <strong>al</strong>l in Kistanje municip<strong>al</strong>ity. 3020 At 8:30 a.m. on 30 August 1995, UNMOobserved one burning house near Macure and Torbice, both in Kistanje municip<strong>al</strong>ity. 3021736. Maria Teresa Mauro, a UN civil affairs officer and HRAT member in theformer Sector South based in Knin from March to December 1995, 3022 testified that on 5September 1995 she visited the village of Biovičino Selo, in Kistanje municip<strong>al</strong>ity, andconfirmed that she saw four cars parked in front of some houses which were beinglooted, as described in an HRAT report of 5 September 1995. 3023 She further confirmedthat when they asked the persons who were looting what they were doing, theyproduced a document issued by the office for trade in Šibenik authorizing them tocollect cattle, as described in an HRAT report of 5 September 1995. 3024 She added thatthese people were soldiers and they were obviously not looking for cattle. 3025 Shefurther confirmed that people in that region complained of harassment and beingthreatened by HV soldiers and civilians, as described in an HRAT report of 5 September1995. 3026737. Edward Flynn, a Human Rights Officer with the Office of the UNHCHR andthe leader of one of the HRATs in the former Sector South from 7 August to mid-September 1995, 3027 testified that on 5 September 1995, he visited – <strong>al</strong>ongside fourdeserted villages in the area – Biovičino Selo, in Kistanje municip<strong>al</strong>ity, where a fewremaining loc<strong>al</strong> residents told him that they continued to face harassment by HVsoldiers and Croatian civilians and that they felt very insecure. 3028 Flynn observed thatfour cars were parked in front of neighbouring houses, which were being ransacked by3020 P224 (UNCIVPOL incident report, 15 August 1995), p. 1.3021 P133 (UNMO Sector South daily situation report, 8 p.m., 30 August 1995), p. 4.3022 P1098 (Maria Teresa Mauro, witness statement, 3 March 2000), pp. 1-2; P1099 (Maria Teresa Mauro,witness statement, 6 February 2008), p. 1, paras 1, 7-9, 11-12; Maria Teresa Mauro, T. 11998, 12000,12024, 12075-12076.3023 P1098 (Maria Teresa Mauro, witness statement, 3 March 2000), p. 6.3024 P1098 (Maria Teresa Mauro, witness statement, 3 March 2000), p. 6; P1099 (Maria Teresa Mauro,witness statement, 6 February 2008), para. 46.3025 P1098 (Maria Teresa Mauro, witness statement, 3 March 2000), p. 6.3026 P1098 (Maria Teresa Mauro, witness statement, 3 March 2000), p. 6; P1099 (Maria Teresa Mauro,witness statement, 6 February 2008), para. 42.3027P20 (Edward Flynn, witness statement, 29 June 1997), pp. 1-2, 6, 13, 23; P21 (Edward Flynn, witnessstatement, 26-27 February 2008), p. 1, paras 3-4, 36; Edward Flynn, T. 1044, 1270, 1291-1292, 1312,1325.3028 P20 (Edward Flynn, witness statement, 29 June 1997), p. 33; P21 (Edward Flynn, witness statement,26-27 February 2008), para. 30; P38 (Weekly report from Hussein Al-Alfi, 2-8 September 1995), p. 4;P50 (HRAT daily report, 5 September 1995), p. 1.409Case No.: IT-06-90-T 15 April 2011 `

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