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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38901751. Laila Malm, a UNCIVPOL member working in Knin, Benkovac, Gračac, andObrovac municipalities between 26 August and December 1995, 3041 testified that on 30August 1995, in the village of Ivoševci, she observed many men dressed in militaryuniform looting household goods from houses and loading the items into a truck and acar which had registration plates from Zadar municipality. 3042 The people in militaryuniform told the witness that they were protecting the civilians but it did not appear tothe witness that this was the case. 3043 According to a UNCIVPOL incident reportrelating to this incident, villagers informed UNCIVPOL that these soldiers were burninghouses and stealing. 3044 When they were driving away from the scene, one of thesoldiers shouted at them what was interpreted as, “we will come after you”. The witnessalso believed that the individuals in military uniform were openly looting and not tryingto hide what they were doing. 3045752. The evidence indicates that on 30 August 1995, in Ivoševci, a number of menwearing military uniforms were taking unspecified household goods from houses, andloading them into a truck and a car, both carrying registration plates from Zadarmunicipality. The above evidence does not establish to which armed forces, if any, theperpetrators belonged. Nor has the Trial Chamber received sufficient evidence aboutwhich armed forces, if any, were present in or in the vicinity of Ivoševci at the time. TheTrial Chamber is therefore unable to draw any conclusions regarding the identity oraffiliation of the perpetrators. Under these circumstances, the Trial Chamber will notfurther consider these incidents in relation to Counts 1 and 4 of the Indictment.Kakanj753. The Trial Chamber has received relevant evidence with regard to the allegeddestruction and looting of Kakanj primarily through the testimonies of Radoslav andMirko Ognjenović. According to the 1991 Population Census, the population of Kakanj,3041 P774 (Laila Malm, witness statement, 30 July 2008, corrected 4 September 2008), paras 1, 13; LailaMalm, T. 8147; P775 (Map of Gračac area, marked by Laila Malm).3042 P774 (Laila Malm, witness statement, 30 July 2008, corrected 4 September 2008), para. 11; LailaMalm, T. 8158, 8170; P779 (UNCIVPOL incident report, S2-95-531, 30 August 1995).3043 Laila Malm, T. 8158-8159; P779 (UNCIVPOL incident report, S2-95-531, 30 August 1995).3044 P779 (UNCIVPOL incident report, S2-95-531, 30 August 1995).3045 P774 (Laila Malm, witness statement, 30 July 2008, corrected 4 September 2008), para. 11.414Case No.: IT-06-90-T 15 April 2011 `

38900in Kistanje municipality, consisted of 191 Serbs out of a total of 192 persons in1991. 3046754. Radoslav Ognjenović, a Serb born in 1908 from the Serb village of Kakanj inKistanje municipality, 3047 stated that in the evening of 4 August 1995 he sawapproximately 50 soldiers and a howitzer in the village. 3048 By that time, the Serbsoldiers had already fled the village without firing a shot, and only the witness and tenother villagers remained in Kakanj: Mirko Ognjenović (born in 1921), Uroš Ognjenović(born in 1926), Uroš Šarić (born 1919), Vojin Šarić (born 1911), Danica Šarić (born1936-1937), Dušan Šarić (born 1921), Rajko Gajica (born 1932), Ljubica Ognjenović(born 1911), Ljubica Ognjenović (wife of Ilija, born 1910), and Luka Pekić (born 1925-1926). 3049 The witness stated that on the evening of 4 August 1995, ten soldiers came tothe front yard of his house and that one of them asked him if he had anything military –to which the witness answered no – and warned him that if they would find anythingmilitary they would destroy his house. The soldiers searched his house and before theyleft gave him two plastic bags of food and ten kunas, and told him that no harm wouldcome to him. 3050 According to the witness, all the soldiers spoke with a local accent.Shortly thereafter, the witness saw soldiers enter the house of Nikola Ognjenović. ACroatian soldier asked Radoslav Ognjenović whether he owned the haystacks situatedabout 60-70 metres behind his and Nikola Ognjenović’s houses. Later that evening thewitness saw the haystacks burning. The soldiers left Kakanj heading towards Ðevrskevillage in Kistanje municipality. 3051 Later that evening the witness heard a car stoppingoutside his house and heard somebody entering the house. The person told him, with alocal accent, to lay still, and in the dark the witness recognized him as the soldier whohad asked him if he had anything military. The next morning the witness saw that histelevision was missing. 3052755. On 5 and 6 August 1995, the witness saw from his yard - situated close to themain road with a good view over the village - people dressed in military camouflage3046 C5 (State Bureau of Statistics Population Census of 1991, National Structure of the Population ofCroatia According to Settlement), p. 110.3047 P2511 (Radoslav Ognjenović, witness statement, 23 January 1999), p. 1, paras 1, 5.3048 P2511 (Radoslav Ognjenović, witness statement, 23 January 1999), para. 8.3049 P2511 (Radoslav Ognjenović, witness statement, 23 January 1999), para. 6.3050 P2511 (Radoslav Ognjenović, witness statement, 23 January 1999), para. 8.3051 P2511 (Radoslav Ognjenović, witness statement, 23 January 1999), para. 9.3052 P2511 (Radoslav Ognjenović, witness statement, 23 January 1999), para. 10.415Case No.: IT-06-90-T 15 April 2011 `

38900in Kistanje municip<strong>al</strong>ity, consisted of 191 Serbs out of a tot<strong>al</strong> of 192 persons in1991. 3046754. Radoslav Ognjenović, a Serb born in 1908 from the Serb village of Kakanj inKistanje municip<strong>al</strong>ity, 3047 stated that in the evening of 4 August 1995 he sawapproximately 50 soldiers and a howitzer in the village. 3048 By that time, the Serbsoldiers had <strong>al</strong>ready fled the village without firing a shot, and only the witness and tenother villagers remained in Kakanj: Mirko Ognjenović (born in 1921), Uroš Ognjenović(born in 1926), Uroš Šarić (born 1919), Vojin Šarić (born 1911), Danica Šarić (born1936-1937), Dušan Šarić (born 1921), Rajko Gajica (born 1932), Ljubica Ognjenović(born 1911), Ljubica Ognjenović (wife of Ilija, born 1910), and Luka Pekić (born 1925-1926). 3049 The witness stated that on the evening of 4 August 1995, ten soldiers came tothe front yard of his house and that one of them asked him if he had anything military –to which the witness answered no – and warned him that if they would find anythingmilitary they would destroy his house. The soldiers searched his house and before theyleft gave him two plastic bags of food and ten kunas, and told him that no harm wouldcome to him. 3050 According to the witness, <strong>al</strong>l the soldiers spoke with a loc<strong>al</strong> accent.Shortly thereafter, the witness saw soldiers enter the house of Nikola Ognjenović. ACroatian soldier asked Radoslav Ognjenović wh<strong>et</strong>her he owned the haystacks situatedabout 60-70 m<strong>et</strong>res behind his and Nikola Ognjenović’s houses. Later that evening thewitness saw the haystacks burning. The soldiers left Kakanj heading towards Ðevrskevillage in Kistanje municip<strong>al</strong>ity. 3051 Later that evening the witness heard a car stoppingoutside his house and heard somebody entering the house. The person told him, with <strong>al</strong>oc<strong>al</strong> accent, to lay still, and in the dark the witness recognized him as the soldier whohad asked him if he had anything military. The next morning the witness saw that histelevision was missing. 3052755. On 5 and 6 August 1995, the witness saw from his yard - situated close to themain road with a good view over the village - people dressed in military camouflage3046 C5 (State Bureau of Statistics Population Census of 1991, Nation<strong>al</strong> Structure of the Population ofCroatia According to S<strong>et</strong>tlement), p. 110.3047 P2511 (Radoslav Ognjenović, witness statement, 23 January 1999), p. 1, paras 1, 5.3048 P2511 (Radoslav Ognjenović, witness statement, 23 January 1999), para. 8.3049 P2511 (Radoslav Ognjenović, witness statement, 23 January 1999), para. 6.3050 P2511 (Radoslav Ognjenović, witness statement, 23 January 1999), para. 8.3051 P2511 (Radoslav Ognjenović, witness statement, 23 January 1999), para. 9.3052 P2511 (Radoslav Ognjenović, witness statement, 23 January 1999), para. 10.415Case No.: IT-06-90-T 15 April 2011 `

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