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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38899uniforms enter Kakanj in civilian cars. 3053 The witness stated that while these peoplewere in the village five houses started burning and items disappeared from otherhouses. 3054 The houses that burned belonged to Mirko Ognjenović, SlobodanOgnjenović (son of Špiro), Kata Ognjenović (daughter of Bogdan), Nikola Ognjenović(son of Obrad), Dragan Šarić (son of Bogdan), and Nikola Šarić (son of Nikola). 3055According to the witness, Mirko, Slobodan, and Nikola, as well as Kata Ognjenović’sson, Jovan, and Mirko Ognjenović’s sons, Željko and Zdenko, were members of theSerbian Army. 3056756. The witness further stated that on 16 August 1995, he saw from his yard peoplein military camouflage uniform enter Kakanj. While these individuals were in thevillage the witness’s stable and six houses started burning. The burnt houses belongedto Nikola Ognjenović (born approximately in 1943), Ljubica Ognjenović (born in1911), Milan Ognjenović (born approximately in 1942-1943), Neven Ognjenović (bornin 1945), Stevan Ognjenović (born approximately in 1942-1943), and ZdravkoOgnjenović (born approximately in 1942-1943). 3057 The witness stated that all of thesepersons were members of the Serbian Army, except Ljubica who was the mother ofMilan and Neven. 3058 Between 10 a.m. and 3 p.m. from 10 to 18 August 1995 thewitness could see from his front yard people in civilian cars with registration platesfrom Split, Zadar, Šibenik, and Rijeka, driving into the village mainly from thedirections of Split and Šibenik. He saw them taking chairs, beds, televisions, wirefences, and floor coverings from houses. 3059757. Mirko Ognjenović, a Serb born in 1921 from the village of Kakanj in Kistanjemunicipality, 3060 testified that on 4 or 5 August 1995 he could hear the sound of shellsfalling from the direction of Knin and felt the earth shake. 3061 The witness also saw fromhis house shells, coming from the direction of Šibenik, fall the whole day and the nextday about eight to ten kilometres from his village, along, it seemed to him, a corridor3053 P2511 (Radoslav Ognjenović, witness statement, 23 January 1999), paras 2-3, 11.3054 P2511 (Radoslav Ognjenović, witness statement, 23 January 1999), para. 11.3055 P2511 (Radoslav Ognjenović, witness statement, 23 January 1999), paras 4, 11.3056 P2511 (Radoslav Ognjenović, witness statement, 23 January 1999), paras 4, 11, 13.3057 P2511 (Radoslav Ognjenović, witness statement, 23 January 1999), para. 13.3058 P2511 (Radoslav Ognjenović, witness statement, 23 January 1999), paras 4, 11, 13.3059 P2511 (Radoslav Ognjenović, witness statement, 23 January 1999), para. 12.3060 P989 (Mirko Ognjenović, witness statement, 24 January 1999), pp. 1-2; P990 (Mirko Ognjenović,witness statement, 12 July 2004), p. 1; Mirko Ognjenović, T. 10701; D873 (MUP official note ofinterview with Mirko Ognjenović, 6 May 2004), p. 1; D874 (Letters from the Police Administration ofŠibenik-Knin with official notes), p. 6.416Case No.: IT-06-90-T 15 April 2011 `

38898where he saw some SVK soldiers retreating in the evening of 4 August or morning of 5August 1995. 3062 The witness heard on 4 August 1995 shells falling on ðevrske, locatedabout five kilometres away in Kistanje municipality, where a cooperative building wasused by the SVK. 3063 About a year later a Croat, called Pulic, told the witness that hehad directed the firing of the shells to a building in ðevrske, believing that it containedtroops, but according to the witness nobody was in it when it was destroyed. 3064 By 5August 1995, about 25 men from the village, who were in the SVK, including the son ofthe witness, had left. 3065 In one or more of the neighbouring villages of Smrdelje andVarivode, both in Kistanje municipality, and Bratiškovci, Plastovo, Rupe andLaskovica, all in Skradin municipality, there was a presence of the SVK prior to orduring Operation Storm. 3066 After 5 August 1995 there was no power in Kakanj. 3067People had started to panic and most people had left in tractors and cars to find safety,because they feared that Kakanj would be overrun and shelled. 3068 The witness heardfrom people that the local committee, of which Dragan Šarić was a member, had toldvillagers to leave and that fuel would be distributed, but according to the witness it wasnot. 3069 A lot of people just went with their clothing as they thought they would becoming back. 3070 There were only ten people remaining: Radoslav Ognjenović, UrošOgnjenović, Ljubica Ognjenović (born in 1910, daughter of Ivan), Ljubica Ognjenović(born 1910, daughter of Pilip), Uroš Šarić, Vojin Šarić, Dušan Šarić, Danica Šarić, andRajko Gajica. 3071 The witness stayed home and listened to the radio, which broadcastevery hour President Tuñman’s statement that whoever was not guilty needed notleave. 3072 At that point, no houses were damaged in the village. 3073758. In the evening of 5 August 1995 while it was still light, the witness, hiding insome bushes in his front yard, heard tanks and loud voices along the road coming from3061 P989 (Mirko Ognjenović, witness statement, 24 January 1999), p. 2; Mirko Ognjenović, T. 10707.3062 Mirko Ognjenović, T. 10708, 10725-10727.3063 Mirko Ognjenović, T. 10722-10723.3064 Mirko Ognjenović, T. 10724-10725, 10747-10748.3065 P989 (Mirko Ognjenović, witness statement, 24 January 1999), pp. 3, 5-6, 9; Mirko Ognjenović, T.10715.3066 Mirko Ognjenović, T. 10725.3067 P989 (Mirko Ognjenović, witness statement, 24 January 1999), p. 2.3068 P989 (Mirko Ognjenović, witness statement, 24 January 1999), p. 2; Mirko Ognjenović, T. 10715,10720.3069 Mirko Ognjenović, T. 10720-10721.3070 P989 (Mirko Ognjenović, witness statement, 24 January 1999), p. 2.3071 P989 (Mirko Ognjenović, witness statement, 24 January 1999), pp. 2-3; Mirko Ognjenović, T. 10733.3072 Mirko Ognjenović, T. 10715.3073 P989 (Mirko Ognjenović, witness statement, 24 January 1999), p. 3.417Case No.: IT-06-90-T 15 April 2011 `

38899uniforms enter Kakanj in civilian cars. 3053 The witness stated that while these peoplewere in the village five houses started burning and items disappeared from otherhouses. 3054 The houses that burned belonged to Mirko Ognjenović, SlobodanOgnjenović (son of Špiro), Kata Ognjenović (daughter of Bogdan), Nikola Ognjenović(son of Obrad), Dragan Šarić (son of Bogdan), and Nikola Šarić (son of Nikola). 3055According to the witness, Mirko, Slobodan, and Nikola, as well as Kata Ognjenović’sson, Jovan, and Mirko Ognjenović’s sons, Željko and Zdenko, were members of theSerbian Army. 3056756. The witness further stated that on 16 August 1995, he saw from his yard peoplein military camouflage uniform enter Kakanj. While these individu<strong>al</strong>s were in thevillage the witness’s stable and six houses started burning. The burnt houses belongedto Nikola Ognjenović (born approximately in 1943), Ljubica Ognjenović (born in1911), Milan Ognjenović (born approximately in 1942-1943), Neven Ognjenović (bornin 1945), Stevan Ognjenović (born approximately in 1942-1943), and ZdravkoOgnjenović (born approximately in 1942-1943). 3057 The witness stated that <strong>al</strong>l of thesepersons were members of the Serbian Army, except Ljubica who was the mother ofMilan and Neven. 3058 B<strong>et</strong>ween 10 a.m. and 3 p.m. from 10 to 18 August 1995 thewitness could see from his front yard people in civilian cars with registration platesfrom Split, Zadar, Šibenik, and Rijeka, driving into the village mainly from thedirections of Split and Šibenik. He saw them taking chairs, beds, televisions, wirefences, and floor coverings from houses. 3059757. Mirko Ognjenović, a Serb born in 1921 from the village of Kakanj in Kistanjemunicip<strong>al</strong>ity, 3060 testified that on 4 or 5 August 1995 he could hear the sound of shellsf<strong>al</strong>ling from the direction of Knin and felt the earth shake. 3061 The witness <strong>al</strong>so saw fromhis house shells, coming from the direction of Šibenik, f<strong>al</strong>l the whole day and the nextday about eight to ten kilom<strong>et</strong>res from his village, <strong>al</strong>ong, it seemed to him, a corridor3053 P2511 (Radoslav Ognjenović, witness statement, 23 January 1999), paras 2-3, 11.3054 P2511 (Radoslav Ognjenović, witness statement, 23 January 1999), para. 11.3055 P2511 (Radoslav Ognjenović, witness statement, 23 January 1999), paras 4, 11.3056 P2511 (Radoslav Ognjenović, witness statement, 23 January 1999), paras 4, 11, 13.3057 P2511 (Radoslav Ognjenović, witness statement, 23 January 1999), para. 13.3058 P2511 (Radoslav Ognjenović, witness statement, 23 January 1999), paras 4, 11, 13.3059 P2511 (Radoslav Ognjenović, witness statement, 23 January 1999), para. 12.3060 P989 (Mirko Ognjenović, witness statement, 24 January 1999), pp. 1-2; P990 (Mirko Ognjenović,witness statement, 12 July 2004), p. 1; Mirko Ognjenović, T. 10701; D873 (MUP offici<strong>al</strong> note ofinterview with Mirko Ognjenović, 6 May 2004), p. 1; D874 (L<strong>et</strong>ters from the Police Administration ofŠibenik-Knin with offici<strong>al</strong> notes), p. 6.416Case No.: IT-06-90-T 15 April 2011 `

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