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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38887781. The Trial Chamber has further considered relevant evidence from P1128,reviewed in chapter 4.2.8 (Biovičino Selo, Macure, and Kolašac).782. Murray Dawes, a former civilian UN accommodation officer stationed in Kninmunicipality from May 1994 to October 1995, 3130 testified that he and Dreyer went toKistanje municipality on 6 August 1995 and arrived around 10 a.m. 3131 While they werestopped at a check-point on the Knin-side of Kistanje, a soldier at the check-point toldthem that he was from Zadar. The witness did not see a single civilian in Kistanje whilehe and Dreyer were there. All of the cars he saw were either abandoned Serb cars or HVarmy vehicles. 3132 However, in town, there were about 200 to 300 persons wearingnormal HV combat uniforms. 3133 Although Dawes only remained in the town ofKistanje for approximately 15 minutes, he saw HV soldiers blow up at least twohouses. 3134 He noticed that several houses were marked “Hrvatska kuca”. 3135 Thesemarked houses did not appear to be targeted or destroyed. 3136 The HV soldiers weretaking personal items—TV sets, stereos, small tractors—out of the houses along themain road, and either loading these items into HV army trucks or personal vehiclesparked on the main road or in the driveways, or storing them on the side of the road,though they did not place the items in separate piles. 3137 The HV soldiers were alsoloading farm animals onto the army trucks. Dawes and Dreyer drove straight throughthe town of Kistanje, then turned around and took the main road back to Knin. 3138783. On 11 August 1995, Captain Matko Kurtović reported to the Commander of theOG Šibenik that on 6 August 1995, the 15th Home Guard Regiment “liberated” theKistanje area. 3139 He further reported that once the operation was over in the liberatedareas, discipline decreased amongst quite a number of HV members, who consumedalcohol and looted houses. 3140 Kurtović also reported that once the settlements wereoccupied, the Commanders lost control over the HV members, who torched a number ofhouses and committed robbery, particularly in places inhabited by Serbs and in the area3130 P980 (Murray Dawes, witness statement, 22 August 1996), pp. 1-2.3131 P980 (Murray Dawes, witness statement, 22 August 1996), pp. 8-9; Murray Dawes, T. 10401, 10414.3132 P980 (Murray Dawes, witness statement, 22 August 1996), p. 9.3133 P980 (Murray Dawes, witness statement, 22 August 1996), p. 9; Murray Dawes, T. 10401.3134 P980 (Murray Dawes, witness statement, 22 August 1996), p. 9.3135 P980 (Murray Dawes, witness statement, 22 August 1996), p. 9; Murray Dawes, T. 10402, 10541.3136 P980 (Murray Dawes, witness statement, 22 August 1996), p. 9; Murray Dawes, T. 10402.3137 P980 (Murray Dawes, witness statement, 22 August 1996), p. 9; Murray Dawes, T. 10401, 10405.3138 P980 (Murray Dawes, witness statement, 22 August 1996), p. 9.3139 P2349 (Report on security in OG Šibenik, 11 August 1995), pp. 1-2, 6.3140 P2349 (Report on security in OG Šibenik, 11 August 1995), pp. 4-5.428Case No.: IT-06-90-T 15 April 2011 `

38886of ðevrska, Kistanje and Drniš, and that there were a few cases of illegal activities withthe war booty, the perpetrators of which the Service recorded and intended to deal withafter high priority activities were finished. 3141784. In his analysis of Operation Kozjak-95 of 15 August 1995, Gotovina wrote toČervenko that on the second day of the operation the Kistanje area was liberated by the15th Home Guard Regiment. 3142 On 16 September 1995, in his Analysis of ConductedOperation Storm, Gotovina wrote to Červenko that Kistanje was liberated on 6 August1995. 3143785. Vladimir Gojanović, a former HV soldier, 3144 stated that on 6 August 1995,with a group of six or seven volunteers, he went through Kistanje where he was told bythe Croatian military that the Fourth Guards Brigade had already passed through. 3145According to the witness, there were no military police in the town, and the military unitpresent there might have been the 142nd Zadar Brigade. 3146 He stated that some soldierswere checking the houses whereas others were looting them by, for example, takingtelevision sets from them. 3147 He saw burning and burned down houses which hethought were not burning because of artillery fire but that they had been torched. 3148 Heestimated that around 35-40% of the houses in Kistanje were burning. 3149 On or about16 August 1995, Gojanović stated that he travelled through Kistanje and saw moredamage and destruction there. 31503141 P2349 (Report on security in OG Šibenik, 11 August 1995), pp. 5-6.3142 P2559 (General Gotovina’s analysis of Operation Kozjak, 15 August 1995), pp. 3-4.3143 P2585 (Analysis of conducted Operation Storm, Ante Gotovina, 16 September 1995), pp. 1-2, 10.3144 P194 (Vladimir Gojanović, witness statement, 20 January 2005), paras 2-3; Vladimir Gojanović, T.2973, 2983, 2987, 3010-3011, 3015, 3018-3019, 3039, 3119, 3121-3122, 3131-3133, 3138; C2(Gojanović’s military record), pp. 1, 3-4, 19; P198 (Further record of Gojanović’s military service), pp. 1-2; P200 (Letter of Daniel Kotlar terminating the mobilization of Vladimir Gojanović, 30 August 1995), p.1.3145 P194 (Vladimir Gojanović, witness statement, 20 January 2005), para. 13; Vladimir Gojanović, T.2928-2929, 2933, 2960-2961, 3085-3086; P197 (Map of Gojanović’s movement during Operation Storm,marked by Gojanović).3146 P194 (Vladimir Gojanović, witness statement, 20 January 2005), paras 12-13; P196 (VladimirGojanović, supplemental information sheet, 14 May 2008), para. 1(v); Vladimir Gojanović, T. 2958,2966.3147 P194 (Vladimir Gojanović, witness statement, 20 January 2005), para. 13; Vladimir Gojanović, T.2954.3148 P194 (Vladimir Gojanović, witness statement, 20 January 2005), para. 13; Vladimir Gojanović, T.2954-2955.3149 P194 (Vladimir Gojanović, witness statement, 20 January 2005), para. 13; Vladimir Gojanović, T.2959.3150 P194 (Vladimir Gojanović, witness statement, 20 January 2005), para. 21.429Case No.: IT-06-90-T 15 April 2011 `

38886of ðevrska, Kistanje and Drniš, and that there were a few cases of illeg<strong>al</strong> activities withthe war booty, the perp<strong>et</strong>rators of which the Service recorded and intended to de<strong>al</strong> withafter high priority activities were finished. 3141784. In his an<strong>al</strong>ysis of Operation Kozjak-95 of 15 August 1995, <strong>Gotovina</strong> wrote toČervenko that on the second day of the operation the Kistanje area was liberated by the15th Home Guard Regiment. 3142 On 16 September 1995, in his An<strong>al</strong>ysis of ConductedOperation Storm, <strong>Gotovina</strong> wrote to Červenko that Kistanje was liberated on 6 August1995. 3143785. Vladimir Gojanović, a former HV soldier, 3144 stated that on 6 August 1995,with a group of six or seven volunteers, he went through Kistanje where he was told bythe Croatian military that the Fourth Guards Brigade had <strong>al</strong>ready passed through. 3145According to the witness, there were no military police in the town, and the military unitpresent there might have been the 142nd Zadar Brigade. 3146 He stated that some soldierswere checking the houses whereas others were looting them by, for example, takingtelevision s<strong>et</strong>s from them. 3147 He saw burning and burned down houses which h<strong>et</strong>hought were not burning because of artillery fire but that they had been torched. 3148 Heestimated that around 35-40% of the houses in Kistanje were burning. 3149 On or about16 August 1995, Gojanović stated that he travelled through Kistanje and saw moredamage and destruction there. 31503141 P2349 (Report on security in OG Šibenik, 11 August 1995), pp. 5-6.3142 P2559 (Gener<strong>al</strong> <strong>Gotovina</strong>’s an<strong>al</strong>ysis of Operation Kozjak, 15 August 1995), pp. 3-4.3143 P2585 (An<strong>al</strong>ysis of conducted Operation Storm, Ante <strong>Gotovina</strong>, 16 September 1995), pp. 1-2, 10.3144 P194 (Vladimir Gojanović, witness statement, 20 January 2005), paras 2-3; Vladimir Gojanović, T.2973, 2983, 2987, 3010-3011, 3015, 3018-3019, 3039, 3119, 3121-3122, 3131-3133, 3138; C2(Gojanović’s military record), pp. 1, 3-4, 19; P198 (Further record of Gojanović’s military service), pp. 1-2; P200 (L<strong>et</strong>ter of Daniel Kotlar terminating the mobilization of Vladimir Gojanović, 30 August 1995), p.1.3145 P194 (Vladimir Gojanović, witness statement, 20 January 2005), para. 13; Vladimir Gojanović, T.2928-2929, 2933, 2960-2961, 3085-3086; P197 (Map of Gojanović’s movement during Operation Storm,marked by Gojanović).3146 P194 (Vladimir Gojanović, witness statement, 20 January 2005), paras 12-13; P196 (VladimirGojanović, supplement<strong>al</strong> information she<strong>et</strong>, 14 May 2008), para. 1(v); Vladimir Gojanović, T. 2958,2966.3147 P194 (Vladimir Gojanović, witness statement, 20 January 2005), para. 13; Vladimir Gojanović, T.2954.3148 P194 (Vladimir Gojanović, witness statement, 20 January 2005), para. 13; Vladimir Gojanović, T.2954-2955.3149 P194 (Vladimir Gojanović, witness statement, 20 January 2005), para. 13; Vladimir Gojanović, T.2959.3150 P194 (Vladimir Gojanović, witness statement, 20 January 2005), para. 21.429Case No.: IT-06-90-T 15 April 2011 `

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