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

38889775. The Trial Chamber finds that on unspecified dates in August 1995, personsdressed in HV uniform with the Croatian coat of arms on the sleeves, and civilians, bothmale and female, came to Kakanj most days in civilian cars. They first looted electricalgoods and later looted everything of value, which the Trial Chamber understands tomean they took these items away. In addition, these persons sometimes loaded thevillagers’ sheep and cattle onto large cattle trucks and took them away. Based on theCroatian coat of arms on the uniforms, the Trial Chamber finds that some of the menwho took electrical goods and other valuables away were members of the HV. Based onthe ethnic composition of Kakanj, the Trial Chamber finds that the vast majority of theremoved property belonged to Krajina Serbs. The Trial Chamber will further considerthese incidents in relation to Counts 1 and 4 of the Indictment in chapters 5.6.2 and5.8.2 (f) below.776. Based on Mirko Ognjenović’s evidence, the Trial Chamber finds that on 14August 1995, a soldier who was wearing a camouflage uniform with the HV coat ofarms on the sleeve killed two of Uroš Ognjenović’s lambs which were subsequentlyskinned by Mirko Ognjenović. After the lambs were skinned, the same soldier orderedMirko Ognjenović to kill and skin another lamb. The soldier then ordered MirkoOgnjenović to load the three skinned lambs into the boot of a civilian car. Given MirkoOgnjenović’s description of the camouflage uniform worn by the soldier, with the HVcoat of arms on the sleeve, the Trial Chamber finds that this person was a member of theHV. Considering that Kakanj in 1991 was almost exclusively inhabited by Serbs and theTrial Chamber’s finding that other persons in the village named Ognjenović were Serbs,the Trial Chamber finds that also Uroš Ognjenović was of Serbian ethnicity. The TrialChamber will further consider this incident in relation to Counts 1 and 4 of theIndictment in chapters 5.6.2 and 5.8.2 (f) below.777. The evidence further indicates that on 17 and 18 August 1995 and “everyday”after 24 August 1995, persons referred to as soldiers continued to burn and removeunspecified items from houses in Kakanj and a total of 19 stables and 23 houses wereburnt. According to UNMO reports, two HV soldiers were in the village on 18 August1995, and four persons described as Croatian soldiers were loading livestock into atruck in Kakanj on 26 August 1995. Based on the description of the alleged perpetratorsin the above mentioned incidents as soldiers, the Trial Chamber is satisfied that theywore military-type uniforms. However, the Trial Chamber has received no evidence426Case No.: IT-06-90-T 15 April 2011 `

38888about to which armed forces, if any, the alleged perpetrators belonged; nor, with regardto 18 and 26 August 1995, does the UNMO report provide any factual basis for thequalification of the alleged perpetrators as HV soldiers. Further, the Trial Chamber hasnot received sufficient evidence about which armed forces, if any, were present in or inthe vicinity of Kakanj at the time. The Trial Chamber is therefore unable to draw anyconclusions regarding the identity or affiliation of the alleged perpetrators. The TrialChamber further considers that some of the mentioned evidence is in contradiction withthe evidence of Laila Malm who testified that most of the houses in Kakanj were intacton 28 August 1995. Under these circumstances, the Trial Chamber will not furtherconsider the above incidents incident in relation to Counts 1, 4 and 5 of the Indictment.Kistanje town778. The Trial Chamber has received relevant evidence with regard to allegeddestruction and plunder in Kistanje town through the testimonies of, among manyothers, Murray Dawes, John Hill, Philip Berikoff, Veselko Bilić, and Rajko Guša.According to the 1991 Population Census, Kistanje consisted of 1,980 Serbs out of atotal of 2,021 persons in 1991. 3125779. Marko Rajčić, the chief of artillery of the Split MD from April 1993 to June1996, 3126 testified that on 6 August 1995, in Kistanje, he saw a soldier attempt to take anitem from a house. Rajčić ordered the soldier to leave the item, took him out of thecombat establishment and sent him back to his command post. 3127 Other than thisincident, Rajčić did not see any torching or looting on 5 and 6 August 1995 in the newlyliberated areas. 3128780. On 6 August 1995, several members of the VP were sent to Kistanje namelyAlen Samohod, Robert Nimac, Jere Silov, Petar Burilović, Ivica Burilović, ZdenkoLucić, Željko Gal, Krunoslav Sabljić, Mladen Boričić. 31293125 C5 (State Bureau of Statistics Population Census of 1991, National Structure of the Population ofCroatia According to Settlement), p. 110.3126 D1425 (Marko Rajčić, witness statement, 13 February 2009), para. 1; Marko Rajčić, T. 16236, 16275;P2323 (Military Police official note of Rajčić interview, 11 July 2008), p. 1.3127 Marko Rajčić, T. 16507.3128 Marko Rajčić, T. 16495, 16501, 16503.3129 P973 (Logbook 4th company, 72nd VP battalion, 4-11 August 1995), pp. 6-7.427Case No.: IT-06-90-T 15 April 2011 `

38888about to which armed forces, if any, the <strong>al</strong>leged perp<strong>et</strong>rators belonged; nor, with regardto 18 and 26 August 1995, does the UNMO report provide any factu<strong>al</strong> basis for thequ<strong>al</strong>ification of the <strong>al</strong>leged perp<strong>et</strong>rators as HV soldiers. Further, the Tri<strong>al</strong> Chamber hasnot received sufficient evidence about which armed forces, if any, were present in or inthe vicinity of Kakanj at the time. The Tri<strong>al</strong> Chamber is therefore unable to draw anyconclusions regarding the identity or affiliation of the <strong>al</strong>leged perp<strong>et</strong>rators. The Tri<strong>al</strong>Chamber further considers that some of the mentioned evidence is in contradiction withthe evidence of Laila M<strong>al</strong>m who testified that most of the houses in Kakanj were intacton 28 August 1995. Under these circumstances, the Tri<strong>al</strong> Chamber will not furtherconsider the above incidents incident in relation to Counts 1, 4 and 5 of the Indictment.Kistanje town778. The Tri<strong>al</strong> Chamber has received relevant evidence with regard to <strong>al</strong>legeddestruction and plunder in Kistanje town through the testimonies of, among manyothers, Murray Dawes, John Hill, Philip Berikoff, Veselko Bilić, and Rajko Guša.According to the 1991 Population Census, Kistanje consisted of 1,980 Serbs out of atot<strong>al</strong> of 2,021 persons in 1991. 3125779. Marko Rajčić, the chief of artillery of the Split MD from April 1993 to June1996, 3126 testified that on 6 August 1995, in Kistanje, he saw a soldier attempt to take anitem from a house. Rajčić ordered the soldier to leave the item, took him out of thecombat establishment and sent him back to his command post. 3127 Other than thisincident, Rajčić did not see any torching or looting on 5 and 6 August 1995 in the newlyliberated areas. 3128780. On 6 August 1995, sever<strong>al</strong> members of the VP were sent to Kistanje namelyAlen Samohod, Robert Nimac, Jere Silov, P<strong>et</strong>ar Burilović, Ivica Burilović, ZdenkoLucić, Željko G<strong>al</strong>, Krunoslav Sabljić, Mladen Boričić. 31293125 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. 110.3126 D1425 (Marko Rajčić, witness statement, 13 February 2009), para. 1; Marko Rajčić, T. 16236, 16275;P2323 (Military Police offici<strong>al</strong> note of Rajčić interview, 11 July 2008), p. 1.3127 Marko Rajčić, T. 16507.3128 Marko Rajčić, T. 16495, 16501, 16503.3129 P973 (Logbook 4th company, 72nd VP batt<strong>al</strong>ion, 4-11 August 1995), pp. 6-7.427Case No.: IT-06-90-T 15 April 2011 `

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