Gotovina et al Judgement Volume I - ICTY

Gotovina et al Judgement Volume I - ICTY Gotovina et al Judgement Volume I - ICTY

12.07.2015 Views

38863Chamber finds that the houses destroyed in and objects taken from Parčić wereinhabited or owned by Krajina Serbs.843. Based on Čerina’s report, the Trial Chamber finds that the 1st and the 3rdBattalion of the 134th Home Guard Regiment of the HV arrived in Parčić on 6 August1995. The 1st Battalion was ordered to leave an infantry company there. On 7 August1995, the 134th Home Guard Regiment erected check-points on the cross-roads nearParčić, with the stated aim of preventing misappropriation of the spoils of war. On 8August 1995, the 1st Batallion was sent on leave. Based on the foregoing, the TrialChamber finds that between 6 and 8 August 1995, members of the 134th Home GuardRegiment participated in the burning of approximately 50 houses in Parčić and thetaking away from Parčič of the objects mentioned above. The Trial Chamber willfurther consider this incident in relation to Counts 1, 4, and 5 of the Indictment inchapters 5.5.2, 5.6.2, and 5.8.2 (f) and (g) below.4.2.9 Knin municipalityGolubić area844. The Trial Chamber has received relevant evidence with regard to allegeddestruction and plunder in the Golubić area, Knin municipality, primarily through thetestimonies of Kari Anttila and Peter Marti. According to the 1991 Population Census,the population of Golubić, in Knin municipality, consisted of 1,389 Serbs out of a totalof 1,424 persons in 1991. 3305845. According to an ECMM report, at 2:25 p.m. on 11 August 1995 ECMM foundthat all houses in Golubić in Knin municipality were looted, though none were burned,and the village was deserted and devoid of troops. 3306 On 12 August 1995, an UNMOpatrol saw one house burning near Golubić, Knin municipality. 3307 Tor Munkelien, anUNMO based in Knin from 14 August 1995 to 1 December 1995, 3308 and Kari Anttila,3305 C5 (State Bureau of Statistics Population Census of 1991, National Structure of the Population ofCroatia According to Settlement), p. 110.3306 P810 (ECMM list of villages with level of destruction, 22 August 1995), p. 4; P815 (ECMM report byLiborius, 26 August 1995), p. 6; P829 (ECMM special report, 14 September 1995), p. 3; D741 (Diary ofLiborius), p. 10.3307 Tor Munkelien, T. 1520-1521; P67 (UNMO Team Podkonje report, 27 August 1995), para. 5.3308 P60 (Tor Munkelien, witness statement, 18 December 1995, co-signed by Kari Anttila), p. 1; P61(Tor Munkelien, witness statement, 10 January 2008), paras 1, 3; Tor Munkelien, T. 1514, 1546; D91(Tor Munkelien, witness statement, 4 September 1999), p. 3.452Case No.: IT-06-90-T 15 April 2011 `

38862an UNMO in Sector South from 14 August 1995 until 27 November 1995, 3309 saw on17 August 1995 about 20 burning houses in the Golubić area in Knin municipality. 3310846. Peter Marti, an UNMO and later a member of HRAT in Sector South from 19June to 27 November 1995, 3311 testified that on 26 August 1995, he went on patrol withMajor Michie to several villages, including Golubić, Očestovo and Malianovići, all inKnin municipality. 3312 In Golubić, he saw five houses burned, three houses partlyburned and 35 houses looted. 3313 In Očestovo, Knin municipality, he saw seven housesburned, 20 houses partly burned and 56 houses looted. 3314 In Malianovići he saw thatone house was looted. 3315 According to an UNMO report, before 8 p.m. on 26 August1995, UNMO observed that most houses “were looted” and many were burned inGolubić, Očestovo, Marjanovići, in Knin municipality, and Vrbnik, Biskupija andPopovići, in Orlić municipality. 3316847. On 27 August 1995, Markač reported to the Chief of the HV Main Staff, GeneralČervenko, about the tasks which were completed on 27 August 1995. The report statesthat 470 members of the Special Police units from joint forces (between 7 a.m. and 7p.m.) searched the area of Podinarje, Knin municipality, (including the villages ofPolače, Vrpolje, Golubić and the eastern hinterland of the Strmica village) with the aim3309 P171 (Kari Anttila, witness statement, 8 January 1996), p. 1; P172 (Kari Anttila, witness statement,16 October 1997), pp. 1-2; P173 (Kari Anttila, witness statement, 12 December 2007), p. 1, para. 2; KariAnttila, T. 2508.3310 P61 (Tor Munkelien, witness statement, 10 January 2008), paras 23, 26; P173 (Kari Anttila, witnessstatement, 12 December 2007), para. 32; P67 (UNMO Team Podkonje report, 27 August 1995), para. 9;P122 (UNMO Sector South daily situation report, 7 p.m., 17 August 1995), p. 4.3311 P415 (Peter Marti, witness statement, 13 February 1996), p. 1; P416 (Peter Marti, witness statement,29 June 1997), pp. 1, 6; P417 (Peter Marti, witness statement, 14 December 2007), paras 1, 5, 9, 173312 P416 (Peter Marti, witness statement, 29 June 1997), pp. 12-13; P417 (Peter Marti, witness statement,14 December 2007), paras 61, 75; Peter Marti, T. 4615-4617; P67 (Report of UNMO team Podkonje onHuman Rights Violations since the start of Operation Storm, dated 27 August 1995), pp. 4-5; D391(Summary of humanitarian violations from HQ Sector South daily situation reports, 7 August-8September 1995), p. 18.3313 P416 (Peter Marti, witness statement, 29 June 1997), pp. 12-13; P417 (Peter Marti, witness statement,14 December 2007), paras 61, 75; Peter Marti, T. 4615-4617; P67 (Report of UNMO team Podkonje onHuman Rights Violations since the start of Operation Storm, dated 27 August 1995), pp. 4-5; D391(Summary of humanitarian violations from HQ Sector South daily situation reports, 7 August-8September 1995), p. 18.3314 P416 (Peter Marti, witness statement, 29 June 1997), pp. 12-13; P417 (Peter Marti, witness statement,14 December 2007), paras 61, 75; Peter Marti, T. 4615-4617; P67 (Report of UNMO team Podkonje onHuman Rights Violations since the start of Operation Storm, dated 27 August 1995), pp. 4-5; D391(Summary of humanitarian violations from HQ Sector South daily situation reports, 7 August-8September 1995), p. 18.3315 P417 (Peter Marti, witness statement, 14 December 2007), paras 61, 75; Peter Marti, T. 4615-4617;P67 (Report of UNMO team Podkonje on Human Rights Violations since the start of Operation Storm,dated 27 August 1995), p. 5; D391 (Summary of humanitarian violations from HQ Sector South dailysituation reports, 7 August-8 September 1995), p. 18.3316 P128 (UNMO Sector South daily situation report, 8 p.m., 26 August 1995), pp. 1, 5.453Case No.: IT-06-90-T 15 April 2011 `

38862an UNMO in Sector South from 14 August 1995 until 27 November 1995, 3309 saw on17 August 1995 about 20 burning houses in the Golubić area in Knin municip<strong>al</strong>ity. 3310846. P<strong>et</strong>er Marti, an UNMO and later a member of HRAT in Sector South from 19June to 27 November 1995, 3311 testified that on 26 August 1995, he went on patrol withMajor Michie to sever<strong>al</strong> villages, including Golubić, Očestovo and M<strong>al</strong>ianovići, <strong>al</strong>l inKnin municip<strong>al</strong>ity. 3312 In Golubić, he saw five houses burned, three houses partlyburned and 35 houses looted. 3313 In Očestovo, Knin municip<strong>al</strong>ity, he saw seven housesburned, 20 houses partly burned and 56 houses looted. 3314 In M<strong>al</strong>ianovići he saw thatone house was looted. 3315 According to an UNMO report, before 8 p.m. on 26 August1995, UNMO observed that most houses “were looted” and many were burned inGolubić, Očestovo, Marjanovići, in Knin municip<strong>al</strong>ity, and Vrbnik, Biskupija andPopovići, in Orlić municip<strong>al</strong>ity. 3316847. On 27 August 1995, Markač reported to the Chief of the HV Main Staff, Gener<strong>al</strong>Červenko, about the tasks which were compl<strong>et</strong>ed on 27 August 1995. The report statesthat 470 members of the Speci<strong>al</strong> Police units from joint forces (b<strong>et</strong>ween 7 a.m. and 7p.m.) searched the area of Podinarje, Knin municip<strong>al</strong>ity, (including the villages ofPolače, Vrpolje, Golubić and the eastern hinterland of the Strmica village) with the aim3309 P171 (Kari Anttila, witness statement, 8 January 1996), p. 1; P172 (Kari Anttila, witness statement,16 October 1997), pp. 1-2; P173 (Kari Anttila, witness statement, 12 December 2007), p. 1, para. 2; KariAnttila, T. 2508.3310 P61 (Tor Munkelien, witness statement, 10 January 2008), paras 23, 26; P173 (Kari Anttila, witnessstatement, 12 December 2007), para. 32; P67 (UNMO Team Podkonje report, 27 August 1995), para. 9;P122 (UNMO Sector South daily situation report, 7 p.m., 17 August 1995), p. 4.3311 P415 (P<strong>et</strong>er Marti, witness statement, 13 February 1996), p. 1; P416 (P<strong>et</strong>er Marti, witness statement,29 June 1997), pp. 1, 6; P417 (P<strong>et</strong>er Marti, witness statement, 14 December 2007), paras 1, 5, 9, 173312 P416 (P<strong>et</strong>er Marti, witness statement, 29 June 1997), pp. 12-13; P417 (P<strong>et</strong>er Marti, witness statement,14 December 2007), paras 61, 75; P<strong>et</strong>er Marti, T. 4615-4617; P67 (Report of UNMO team Podkonje onHuman Rights Violations since the start of Operation Storm, dated 27 August 1995), pp. 4-5; D391(Summary of humanitarian violations from HQ Sector South daily situation reports, 7 August-8September 1995), p. 18.3313 P416 (P<strong>et</strong>er Marti, witness statement, 29 June 1997), pp. 12-13; P417 (P<strong>et</strong>er Marti, witness statement,14 December 2007), paras 61, 75; P<strong>et</strong>er Marti, T. 4615-4617; P67 (Report of UNMO team Podkonje onHuman Rights Violations since the start of Operation Storm, dated 27 August 1995), pp. 4-5; D391(Summary of humanitarian violations from HQ Sector South daily situation reports, 7 August-8September 1995), p. 18.3314 P416 (P<strong>et</strong>er Marti, witness statement, 29 June 1997), pp. 12-13; P417 (P<strong>et</strong>er Marti, witness statement,14 December 2007), paras 61, 75; P<strong>et</strong>er Marti, T. 4615-4617; P67 (Report of UNMO team Podkonje onHuman Rights Violations since the start of Operation Storm, dated 27 August 1995), pp. 4-5; D391(Summary of humanitarian violations from HQ Sector South daily situation reports, 7 August-8September 1995), p. 18.3315 P417 (P<strong>et</strong>er Marti, witness statement, 14 December 2007), paras 61, 75; P<strong>et</strong>er Marti, T. 4615-4617;P67 (Report of UNMO team Podkonje on Human Rights Violations since the start of Operation Storm,dated 27 August 1995), p. 5; D391 (Summary of humanitarian violations from HQ Sector South dailysituation reports, 7 August-8 September 1995), p. 18.3316 P128 (UNMO Sector South daily situation report, 8 p.m., 26 August 1995), pp. 1, 5.453Case No.: IT-06-90-T 15 April 2011 `

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