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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12.07.2015 Views

38891Trial Chamber finds that the destroyed property was owned or inhabited by KrajinaSerbs. The Trial Chamber has considered the evidence that Kakanj was on the attackaxis of the 15th Home Guards Regiment and the 113th Infantry Brigade on 4 August1995, as well as Mirko Ognjenović’s evidence that in the evening of 5 August 1995persons described as soldiers arrived in Kakanj with a tank and were singing HV songs.Based on the description of these persons as soldiers, the Trial Chamber finds that theywore military-type uniforms. Given the presence of a tank and the fact that they weresinging songs described as “HV songs”, the Trial Chamber finds that they weremembers of the HV. On this basis, the Trial Chamber also finds that the five to sixuniformed persons who torched properties in Kakanj were members of the HV. TheTrial Chamber will further consider this incident in relation to Counts 1 and 5 of theIndictment in chapters 5.5.2 and 5.8.2 (g) below.771. During the night between 5 and 6 August 1995, Mirko Ognjenović kept hearingthe Croatian soldiers in Kakanj singing HV songs, shouting and laughing. Early in themorning on 6 August 1995, Mirko Ognjenović walked through Kakanj and saw manyhouses with windows and doors broken, two shops from which food and drink had beenremoved, three dogs and a sheep that had been shot dead and the stable belonging toDragan Šarić which had been burnt. The disappearance of items from houses between 5and 6 August 1995 is also confirmed by Radoslav Ognjenović. The Trial Chamber hasconsidered the behaviour of the Croatian soldiers in Kakanj in the evening and nightbetween 5 and 6 August 1995, and that Mirko Ognjenović noticed the removed anddestroyed property early in the morning on 6 August 1995, shortly after the soldiers hadleft the village. On this basis, the Trial Chamber finds that these Croatian soldiersremoved and destroyed property in Kakanj between 5 and 6 August 1995. Based on theethnic composition of Kakanj in 1991, the Trial Chamber finds that the removed anddestroyed property was owned by Krajina Serbs. The Trial Chamber will furtherconsider these incidents in relation to Counts 1, 4 and 5 of the Indictment in chapters5.5.2, 5.6.2, and 5.8.2 (f) and (g) below.772. The evidence of Radoslav Ognjenović indicates that on 16 August 1995, peoplewearing military camouflage uniforms entered Kakanj and Radoslav Ognjenović’sstable, a tractor and six other houses caught fire. The Trial Chamber further notes theevidence from UNMO that on 16 August 1995 a villager’s house was burned by twopersons referred to as HV soldiers and that other persons referred to as HV soldiers stole424Case No.: IT-06-90-T 15 April 2011 `

38890everything from another villager’s house, including a tractor. However, RadoslavOgnjenović did not specify to which armed forces, if any, these alleged perpetratorsbelonged, and the UNMO report does not provide any factual basis for thecharacterization of the alleged perpetrators as “HV soldiers”. Nor has the Trial Chamberreceived sufficient evidence about which armed forces, if any, were present in or in thevicinity of Kakanj at the time. The Trial Chamber is therefore unable to draw anyconclusions regarding the identity or affiliation of the perpetrators. Under thesecircumstances, the Trial Chamber will not further consider these incident in relation toCounts 1, 4 and 5 of the Indictment.773. Radoslav Ognjenović further stated that between 10 a.m. and 3 p.m. from 10 to18 August 1995, he saw people in civilian cars with registration plates from Split,Zadar, Šibenik, and Rijeka, driving into Kakanj and taking chairs, beds, televisions,wire fences, and floor coverings from houses. On the basis of this evidence, the TrialChamber is unable to draw any conclusions regarding the identity or possible affiliationof the perpetrators with any armed forces. Under these circumstances, the TrialChamber will not further consider these incidents in relation to Counts 1 and 4 of theIndictment.774. Based on the evidence of Mirko Ognjenović, the Trial Chamber finds that on 9August 1995, two armed persons in HV uniforms arrived at Mirko Ognjenović’s housein a grey vehicle. One of these persons shot his dog while the other pointed his rifle athis chest and told him that Serbian children had waged war on Croatia and robbed andmurdered, and that Croatian fathers taught their children to be a good example to others.Following this, one of the uniformed armed persons set fire to Mirko Ognjenović’sgarage and subsequently his haystacks, house and stable. Given Mirko Ognjenović’saccount of the uniformed men’s statements about the actions of Serbs, the TrialChamber is satisfied that they were of Croatian ethnicity. However, Mirko Ognjenovićdid not provide any factual basis for his characterization of the uniforms worn by thesemen as HV uniforms. The Trial Chamber considered the presence in Kakanj of personsin camouflage uniform with the HV coat of arms on the sleeves of their jackets on theprevious day, and recalling its finding below with regard to 14 August 1995. Based onthe foregoing, the Trial Chamber finds that the persons in uniform were HV soldiers.The Trial Chamber will further consider this incident in relation to Counts 1 and 5 of theIndictment in chapters 5.5.2 and 5.8.2 (g) below.425Case No.: IT-06-90-T 15 April 2011 `

38891Tri<strong>al</strong> Chamber finds that the destroyed property was owned or inhabited by KrajinaSerbs. The Tri<strong>al</strong> Chamber has considered the evidence that Kakanj was on the attackaxis of the 15th Home Guards Regiment and the 113th Infantry Brigade on 4 August1995, as well as Mirko Ognjenović’s evidence that in the evening of 5 August 1995persons described as soldiers arrived in Kakanj with a tank and were singing HV songs.Based on the description of these persons as soldiers, the Tri<strong>al</strong> Chamber finds that theywore military-type uniforms. Given the presence of a tank and the fact that they weresinging songs described as “HV songs”, the Tri<strong>al</strong> Chamber finds that they weremembers of the HV. On this basis, the Tri<strong>al</strong> Chamber <strong>al</strong>so finds that the five to sixuniformed persons who torched properties in Kakanj were members of the HV. TheTri<strong>al</strong> Chamber will further consider this incident in relation to Counts 1 and 5 of theIndictment in chapters 5.5.2 and 5.8.2 (g) below.771. During the night b<strong>et</strong>ween 5 and 6 August 1995, Mirko Ognjenović kept hearingthe Croatian soldiers in Kakanj singing HV songs, shouting and laughing. Early in themorning on 6 August 1995, Mirko Ognjenović w<strong>al</strong>ked through Kakanj and saw manyhouses with windows and doors broken, two shops from which food and drink had beenremoved, three dogs and a sheep that had been shot dead and the stable belonging toDragan Šarić which had been burnt. The disappearance of items from houses b<strong>et</strong>ween 5and 6 August 1995 is <strong>al</strong>so confirmed by Radoslav Ognjenović. The Tri<strong>al</strong> Chamber hasconsidered the behaviour of the Croatian soldiers in Kakanj in the evening and nightb<strong>et</strong>ween 5 and 6 August 1995, and that Mirko Ognjenović noticed the removed anddestroyed property early in the morning on 6 August 1995, shortly after the soldiers hadleft the village. On this basis, the Tri<strong>al</strong> Chamber finds that these Croatian soldiersremoved and destroyed property in Kakanj b<strong>et</strong>ween 5 and 6 August 1995. Based on the<strong>et</strong>hnic composition of Kakanj in 1991, the Tri<strong>al</strong> Chamber finds that the removed anddestroyed property was owned by Krajina Serbs. The Tri<strong>al</strong> Chamber will furtherconsider these incidents in relation to Counts 1, 4 and 5 of the Indictment in chapters5.5.2, 5.6.2, and 5.8.2 (f) and (g) below.772. The evidence of Radoslav Ognjenović indicates that on 16 August 1995, peoplewearing military camouflage uniforms entered Kakanj and Radoslav Ognjenović’sstable, a tractor and six other houses caught fire. The Tri<strong>al</strong> Chamber further notes theevidence from UNMO that on 16 August 1995 a villager’s house was burned by twopersons referred to as HV soldiers and that other persons referred to as HV soldiers stole424Case No.: IT-06-90-T 15 April 2011 `

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