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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38877huge plumes of smoke over the Benkovac valley. 3241 In Kistanje, Flynn saw a fewvehicles, persons in military uniform and at least seven buildings in flames, which heconsidered was not caused by shelling, as there was hardly any damage to the walls. 3242Flynn interviewed four out of 18 remaining elderly villagers in Rudele, in Kistanjemunicipality, who reported extensive looting and one murder around 6 August of a 39-year-old man by the first wave of soldiers to arrive in their area following OperationStorm, but that they had now been replaced by other soldiers who treated them well andgave them food. 3243 Flynn gained for the first time access to Benkovac, which wasalmost deserted but relatively undamaged compared to other places. 3244 Flynn stated thatin the weeks after 13 August 1995, he drove through Kistanje on several occasions, thatthe town was totally deserted by the end of August and that most buildings there hadburned, particularly in the centre of town. 3245 He saw a World War II memorial that hadbeen vandalized or destroyed. 3246 Similarly, most buildings in Ðevrske had burned. 3247In Macure, Kistanje municipality, a house was burning. 3248804. Sometime between 1 and 5 p.m. on 10 August 1995, UNMO observed Croatiantroops looting and burning houses in Kistanje. 3249 At 10:20 a.m. on 14 August 1995,UNMO observed that approximately 90 per cent of the houses in Kistanje had burneddown and that the Croatian army occupied the remaining ones. 3250 At 4:30 p.m. on 14August 1995, UNMO observed in Kistanje persons who looked like civilian officialslooking at maps and pointing to houses. Around 7:30 p.m. that day, UNMO observedseveral houses on fire in Kistanje. 3251 At 3:30 p.m. on 16 August 1995, UNMO3241 P20 (Edward Flynn, witness statement, 29 June 1997), pp. 18, 21; P21 (Edward Flynn, witnessstatement, 26-27 February 2008), paras 11-12; Edward Flynn, T. 1051-1052, 1054-1058; P25 (HRATdaily report, 13 August 1995), p. 1; P26 (UN TV footage, 13 August 1995).3242 P20 (Edward Flynn, witness statement, 29 June 1997), pp. 18, 21, 32, 35; P21 (Edward Flynn, witnessstatement, 26-27 February 2008), para. 41; Edward Flynn, T. 1056-1059.3243 P21 (Edward Flynn, witness statement, 26-27 February 2008), para. 11; Edward Flynn, T. 1118-1120;P24 (Map of Sector South with marked locations); P25 (HRAT daily report, 13 August 1995), p. 1.3244 P20 (Edward Flynn, witness statement, 29 June 1997), pp. 17, 19-20; P21 (Edward Flynn, witnessstatement, 26-27 February 2008), para. 11; Edward Flynn, T. 1086, 1088; P25 (HRAT daily report, 13August 1995), p. 2.3245 P20 (Edward Flynn, witness statement, 29 June 1997), pp. 32-33, 37.3246 P20 (Edward Flynn, witness statement, 29 June 1997), p. 33.3247 P20 (Edward Flynn, witness statement, 29 June 1997), pp. 32, 37.3248 P21 (Edward Flynn, witness statement, 26-27 February 2008), para. 30; P38 (Weekly report fromHussein Al-Alfi, 2-8 September 1995), pp. 4-5; P50 (HRAT daily report, 5 September 1995), p. 1.3249 P114 (UNMO Sector South daily situation report, 8 p.m., 10 August 1995), pp. 1, 3.3250 P119 (UNMO Sector South daily situation report, 9 p.m., 14 August 1995), p. 3.3251 P119 (UNMO Sector South daily situation report, 9 p.m., 14 August 1995), p. 4.438Case No.: IT-06-90-T 15 April 2011 `

38876observed three burning houses in Kistanje. 3252 At 11:35 a.m. on 19 August 1995,UNMO observed one burning house in Kistanje. 3253805. Ivica Cetina, the Chief of the Zadar-Knin Police Administration throughout1995, 3254 testified, based on what he was able to observe as he passed through one streetin the centre of Kistanje, that the majority of the houses of the town had been burnt bythe time he first visited Kistanje in the first ten or fifteen days after the area wasliberated and before a police station was set up there. 3255 Based on the three or fourtimes Cetina passed through Kistanje, he testified that the rest of the destruction inKistanje did not occur all at once, but rather over a period of time. 3256 According toCetina, as there were no eye-witnesses, it was very difficult to find the perpetrators. 3257At a meeting on 11 October 1995, Cetina and Ivan Nañ requested UNCIVPOL toprovide them with any information on the incidents, including looting, intimidation orarson, registered in the Kistanje area. 3258806. William Hayden, a researcher for the IHF who was on mission in the Krajinabetween 15 and 20 August 1995, 3259 testified that on 17 August 1995, while in thevillage of Kistanje he saw four men in combat fatigues moving in and out of buildingsalong the main road. 3260 He went on to testify that while walking back to his vehicle in adifferent part of Kistanje village, he observed black smoke coming from the buildings inthe area where he had seen the men. 3261807. According to an IHF report dated 25 August 1995, detailing an IHF mission of17 August 1995 to 19 August 1995, UN observers had informed the IHF mission thatcivilian-dressed “officials” were seen in the Kistanje area with maps pointing at houses3252 P121 (UNMO Sector South daily situation report, 7 p.m., 16 August 1995), p. 2.3253 P123 (UNMO Sector South daily situation report, 7 p.m., 19 August 1995), p. 4.3254 D1743 (Ivica Cetina, witness statement, 26 August 2009), p. 1; D1745 (Ivica Cetina, witnessstatement, 26 February 2002), pp. 3-4; Ivica Cetina, T. 23396, 23486, 23517.3255 D1745 (Ivica Cetina, witness statement, 26 February 2002), p. 14; Ivica Cetina, T. 23577-23578,23580-23582, 23584, 23641-23642.3256 Ivica Cetina, T. 23578, 23581.3257 D1745 (Ivica Cetina, witness statement, 26 February 2002), p. 14; Ivica Cetina, T. 23581.3258 D1746 (Minutes of meeting between UNCIVPOL and Zadar-Knin regional police departmentauthorities, 12 October 1995), pp. 1-2.3259 P986 (William Hayden, witness statement, 15 May 1996), para. 1; P987 (William Hayden, witnessstatement, 15 March 2004), paras 1-3.3260 P986 (William Hayden, witness statement, 15 May 1996), para. 3; P987 (William Hayden, witnessstatement, 15 March 2004), para. 10; P988 (IHF report from a fact-finding mission to the Krajina, 25August 1995), para. 1.1.3261 P986 (William Hayden, witness statement, 15 May 1996), para. 3; P987 (William Hayden, witnessstatement, 15 March 2004), para. 10; P988 (IHF report from a fact-finding mission to the Krajina, 25August 1995), para. 1.1.439Case No.: IT-06-90-T 15 April 2011 `

38876observed three burning houses in Kistanje. 3252 At 11:35 a.m. on 19 August 1995,UNMO observed one burning house in Kistanje. 3253805. Ivica C<strong>et</strong>ina, the Chief of the Zadar-Knin Police Administration throughout1995, 3254 testified, based on what he was able to observe as he passed through one stre<strong>et</strong>in the centre of Kistanje, that the majority of the houses of the town had been burnt bythe time he first visited Kistanje in the first ten or fifteen days after the area wasliberated and before a police station was s<strong>et</strong> up there. 3255 Based on the three or fourtimes C<strong>et</strong>ina passed through Kistanje, he testified that the rest of the destruction inKistanje did not occur <strong>al</strong>l at once, but rather over a period of time. 3256 According toC<strong>et</strong>ina, as there were no eye-witnesses, it was very difficult to find the perp<strong>et</strong>rators. 3257At a me<strong>et</strong>ing on 11 October 1995, C<strong>et</strong>ina and Ivan Nañ requested UNCIVPOL toprovide them with any information on the incidents, including looting, intimidation orarson, registered in the Kistanje area. 3258806. William Hayden, a researcher for the IHF who was on mission in the Krajinab<strong>et</strong>ween 15 and 20 August 1995, 3259 testified that on 17 August 1995, while in thevillage of Kistanje he saw four men in combat fatigues moving in and out of buildings<strong>al</strong>ong the main road. 3260 He went on to testify that while w<strong>al</strong>king back to his vehicle in adifferent part of Kistanje village, he observed black smoke coming from the buildings inthe area where he had seen the men. 3261807. According to an IHF report dated 25 August 1995, d<strong>et</strong>ailing an IHF mission of17 August 1995 to 19 August 1995, UN observers had informed the IHF mission thatcivilian-dressed “offici<strong>al</strong>s” were seen in the Kistanje area with maps pointing at houses3252 P121 (UNMO Sector South daily situation report, 7 p.m., 16 August 1995), p. 2.3253 P123 (UNMO Sector South daily situation report, 7 p.m., 19 August 1995), p. 4.3254 D1743 (Ivica C<strong>et</strong>ina, witness statement, 26 August 2009), p. 1; D1745 (Ivica C<strong>et</strong>ina, witnessstatement, 26 February 2002), pp. 3-4; Ivica C<strong>et</strong>ina, T. 23396, 23486, 23517.3255 D1745 (Ivica C<strong>et</strong>ina, witness statement, 26 February 2002), p. 14; Ivica C<strong>et</strong>ina, T. 23577-23578,23580-23582, 23584, 23641-23642.3256 Ivica C<strong>et</strong>ina, T. 23578, 23581.3257 D1745 (Ivica C<strong>et</strong>ina, witness statement, 26 February 2002), p. 14; Ivica C<strong>et</strong>ina, T. 23581.3258 D1746 (Minutes of me<strong>et</strong>ing b<strong>et</strong>ween UNCIVPOL and Zadar-Knin region<strong>al</strong> police departmentauthorities, 12 October 1995), pp. 1-2.3259 P986 (William Hayden, witness statement, 15 May 1996), para. 1; P987 (William Hayden, witnessstatement, 15 March 2004), paras 1-3.3260 P986 (William Hayden, witness statement, 15 May 1996), para. 3; P987 (William Hayden, witnessstatement, 15 March 2004), para. 10; P988 (IHF report from a fact-finding mission to the Krajina, 25August 1995), para. 1.1.3261 P986 (William Hayden, witness statement, 15 May 1996), para. 3; P987 (William Hayden, witnessstatement, 15 March 2004), para. 10; P988 (IHF report from a fact-finding mission to the Krajina, 25August 1995), para. 1.1.439Case No.: IT-06-90-T 15 April 2011 `

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