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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38881places preventing access to the areas that were burning. 3193 One such village wasKistanje, which Dangerfield patrolled on 9 August 1995. 3194 Although there were nosigns of damage to buildings from tank or artillery fire in Kistanje, the vast majority ofthe village was on fire. 3195 He observed the presence of approximately 150 to 200individuals in Croatian military uniforms in the village with small arms and M60 handheld rocket launchers who were looting and discharging celebratory fire into the air. 3196He did not see any civilians or officers in Kistanje, and testified that there seemed to bea complete lack of control over what was going on. 3197796. Stig Marker Hansen, an ECMM monitor in Knin from June to September 1995and head of ECMM Knin from approximately 5 September to 23 September 1995, 3198testified that on 10 August 1995 while driving towards Benkovac, he passed Kistanjevillage and saw that the whole town, apart from the school and the town’s threefactories which were guarded, had burnt down. 3199 At 11 a.m. the witness saw a militarytruck parked in front of a grocery store and a uniformed man without unit insigniainside the store carrying a jerrycan who then disappeared in a military truck. 3200 Fifteenminutes later the grocery store was in flames. 3201797. Peter Marti, an UNMO and later a member of HRAT in Sector South from 19June to 27 November 1995, 3202 testified that on 10 August 1995, while driving throughKistanje, he saw men in Croatian uniforms standing outside burning houses. 3203 Marti3193 P696 (Roland Dangerfield, supplemental witness statement, 9 January 2008), para. 8; RolandDangerfield, T. 7161, 7276-7278.3194 P695 (Roland Dangerfield, witness statement, 21 December 1995), para. 10; Roland Dangerfield, T.7159-7160.3195 P695 (Roland Dangerfield, witness statement, 21 December 1995), para. 10; Roland Dangerfield, T.7160.3196 P695 (Roland Dangerfield, witness statement, 21 December 1995), para. 10; Roland Dangerfield, T.7160.3197 Roland Dangerfield, T. 7160.3198 P1283 (Stig Marker Hansen, witness statement, 18 December 1995) p. 2; P1284 (Stig Marker Hansen,witness statement, 22 August 1997), p. 2; P1285 (Stig Marker Hansen, witness statement, 24 April 2008),para. 3.3199 P1285 (Stig Marker Hansen, witness statement, 24 April 2008), para. 23; P1290 (Survey report byMarker Hansen, 20 September 1995), p. 6; P1292 (Stig Marker Hansen, personal diary), p. 9.3200 P1290 (Survey report by Marker Hansen, 20 September 1995), p. 6; Stig Marker Hansen, T. 14936.3201 Stig Marker Hansen, T. 14936.3202 P415 (Peter Marti, witness statement, 13 February 1996), pp. 1-2; P416 (Peter Marti, witnessstatement, 29 June 1997), pp. 1, 6; P417 (Peter Marti, witness statement, 14 December 2007), paras 1, 5,9, 17.3203 P415 (Peter Marti, witness statement, 13 February 1996), p. 3; P416 (Peter Marti, witness statement,29 June 1997), pp. 9-10; Peter Marti, T. 4586; P114, p. 3; D391 (Summary of humanitarian violationsfrom HQ Sector South daily situation reports, 7 August-8 September 1995), p. 3.434Case No.: IT-06-90-T 15 April 2011 `

38880testified that he had no doubt that these soldiers had set the village on fire. 3204 Hedescribed Kistanje as one of the worst affected villages, and testified that it was totallydestroyed. 3205 Marti also saw a destroyed church in Kistanje. 3206798. According to an UNCRO report of 9 August 1995, the majority of the houses inKistanje were destroyed and uninhabitable. 3207 Alain Forand, UNCRO Sector SouthCommander from 8 July 1995 to 10 October 1995, 3208 testified that at some point afterOperation Storm, possibly on 11 August 1995, he was on patrol in Kistanje town wherehe saw people looting in broad daylight. 3209 Military police and soldiers were at thescene but did not react. 3210799. Boris Milas, (acting) Head of the Crime Prevention Service of the 72ndBattalion for the VP from about mid-September 1992 to the end of 1996, 3211 travelledthrough Kistanje sometime between 10 and 12 of August 1995 with members of the VPPolice Administration Glavan, Cicvarić, and Maduna. 3212 The witness testified that hestopped in the centre of Kistanje next to a destroyed statue, for about seven or eightminutes. 3213 At this location he saw between four and six houses that he concluded hadbeen torched and were not burned from combat damage or by shelling. 3214 The witnessdid not tour Kistanje further, but went to Obrovac. 3215 Taking a road other than thecentral road, the witness saw one or two torched houses in another part of Kistanje. 3216Two or three days later in Otrić, the witness saw two or three houses that had beentorched. 3217 Milas later went back through Kistanje around 15 or 20 August 1995 on theway to Šibenik, but did not see any additional burnt houses. 3218 According to a UN dailyreport dated 16 August 1995, an arson campaign had been underway in Sector South3204 P415 (Peter Marti, witness statement, 13 February 1996), p. 3; P416 (Peter Marti, witness statement,29 June 1997), pp. 9-10; Peter Marti, T. 4586.3205 P416 (Peter Marti, witness statement, 29 June 1997), p. 7.3206 P416 (Peter Marti, witness statement, 29 June 1997), p. 11.3207 P361 (UNCRO Sector South daily situation report, 8:30 p.m., 9 August 1995), p. 4.3208 P330 (Alain Forand, witness statement, 20 August 1996), pp. 2, 15; P333 (Alain Forand, witnessstatement, 25 January 2008), para. 2; Alain Forand, T. 4098-4099, 4180, 4186.3209 P331 (Alain Forand, witness statement, 29 September 1997), p. 14; Alain Forand, T. 4100-4101.3210 P331 (Alain Forand, witness statement, 29 September 1997), p. 14.3211 D1532 (Boris Milas, witness statement, 19 May 2009), p. 1, paras 1-4, 6, 8, 11, 31; D1533 (BorisMilas, witness statement, 22 June 2009), p. 1; Boris Milas, T. 19158, 19168-19169, 19227-19230, 19322;P2548 (Official note of MUP crime police interview with Boris Milas), p. 1.3212 D1533 (Boris Milas, witness statement, 22 June 2009), para. 4; Boris Milas, T. 19192-19193, 19348.3213 Boris Milas, T. 19193, 19348, 19350-19353.3214 D1533 (Boris Milas, witness statement, 22 June 2009), para. 4; Boris Milas, T. 19193-19194.3215 Boris Milas, T. 19348, 19353.3216 Boris Milas, T. 19193-19194.3217 Boris Milas, T. 19192, 19194.3218 Boris Milas, T. 19217-19218.435Case No.: IT-06-90-T 15 April 2011 `

38881places preventing access to the areas that were burning. 3193 One such village wasKistanje, which Dangerfield patrolled on 9 August 1995. 3194 Although there were nosigns of damage to buildings from tank or artillery fire in Kistanje, the vast majority ofthe village was on fire. 3195 He observed the presence of approximately 150 to 200individu<strong>al</strong>s in Croatian military uniforms in the village with sm<strong>al</strong>l arms and M60 handheld rock<strong>et</strong> launchers who were looting and discharging celebratory fire into the air. 3196He did not see any civilians or officers in Kistanje, and testified that there seemed to bea compl<strong>et</strong>e lack of control over what was going on. 3197796. Stig Marker Hansen, an ECMM monitor in Knin from June to September 1995and head of ECMM Knin from approximately 5 September to 23 September 1995, 3198testified that on 10 August 1995 while driving towards Benkovac, he passed Kistanjevillage and saw that the whole town, apart from the school and the town’s threefactories which were guarded, had burnt down. 3199 At 11 a.m. the witness saw a militarytruck parked in front of a grocery store and a uniformed man without unit insigniainside the store carrying a jerrycan who then disappeared in a military truck. 3200 Fifteenminutes later the grocery store was in flames. 3201797. P<strong>et</strong>er Marti, an UNMO and later a member of HRAT in Sector South from 19June to 27 November 1995, 3202 testified that on 10 August 1995, while driving throughKistanje, he saw men in Croatian uniforms standing outside burning houses. 3203 Marti3193 P696 (Roland Dangerfield, supplement<strong>al</strong> witness statement, 9 January 2008), para. 8; RolandDangerfield, T. 7161, 7276-7278.3194 P695 (Roland Dangerfield, witness statement, 21 December 1995), para. 10; Roland Dangerfield, T.7159-7160.3195 P695 (Roland Dangerfield, witness statement, 21 December 1995), para. 10; Roland Dangerfield, T.7160.3196 P695 (Roland Dangerfield, witness statement, 21 December 1995), para. 10; Roland Dangerfield, T.7160.3197 Roland Dangerfield, T. 7160.3198 P1283 (Stig Marker Hansen, witness statement, 18 December 1995) p. 2; P1284 (Stig Marker Hansen,witness statement, 22 August 1997), p. 2; P1285 (Stig Marker Hansen, witness statement, 24 April 2008),para. 3.3199 P1285 (Stig Marker Hansen, witness statement, 24 April 2008), para. 23; P1290 (Survey report byMarker Hansen, 20 September 1995), p. 6; P1292 (Stig Marker Hansen, person<strong>al</strong> diary), p. 9.3200 P1290 (Survey report by Marker Hansen, 20 September 1995), p. 6; Stig Marker Hansen, T. 14936.3201 Stig Marker Hansen, T. 14936.3202 P415 (P<strong>et</strong>er Marti, witness statement, 13 February 1996), pp. 1-2; P416 (P<strong>et</strong>er Marti, witnessstatement, 29 June 1997), pp. 1, 6; P417 (P<strong>et</strong>er Marti, witness statement, 14 December 2007), paras 1, 5,9, 17.3203 P415 (P<strong>et</strong>er Marti, witness statement, 13 February 1996), p. 3; P416 (P<strong>et</strong>er Marti, witness statement,29 June 1997), pp. 9-10; P<strong>et</strong>er Marti, T. 4586; P114, p. 3; D391 (Summary of humanitarian violationsfrom HQ Sector South daily situation reports, 7 August-8 September 1995), p. 3.434Case No.: IT-06-90-T 15 April 2011 `

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