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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38859Guards Brigade entered Golubić and reached the entrance of Vrpolje. 3333 According tothe operative logbook of the 4th Guards Brigade, on 9 August 1995, at 5 p.m., the 2ndinfantry brigade relocated away from the area of Golubić. 3334 According to the SplitMD’s Operational Diary, on 11 August 1995 twenty members of the 72nd VP Battalionof the HV were securing the warehouse in Golubić. 3335 According to the 6th HomeGuard Regiment War Journal, the 6th Regiment’s command post was being set up inGolubić on 12 August 1995. On 14 August 1995 the commanding officer of the 6thRegiment’s 2nd Battalion deployed with 80 men in the area of Golubić. 3336 On 15August 1995 a warehouse in Golubić was assigned to the 73rd VP Battalion. 3337 On 16August 1995 the battalion in the area of Knin and Golubić was searching the area. 3338On 29 August 1995, the Golubić warehouse was guarded and used by the 300th LogisticBase. 3339 In addition to the evidence above, the Trial Chamber has considered exhibitP2559, P2379, and D180, pp. 6-7, 14-15.854. The Trial Chamber finds that the HV was present in the Golubić area starting on5 August 1995 until, at least, 8 September 1995. The evidence also indicates that housesin the Golubić area started burning as early as 12 August 1995, with two witnessesobserving approximately 20 houses burn on 17 August 1995. However, there isinsufficient evidence as to the circumstances under which the houses were set on fire.The evidence further indicates that by 26 August 1995, many houses in and aroundGolubić had been “looted”. However, the evidence does not establish whether, when, orby whom items were taken from these houses. On 27 August 1995, Flynn observed aburning house in a hamlet of Golubić. The evidence indicates that Special Policesearched on that day the area of Golubić. However, the evidence is insufficient toestablish a link between the Special Police and the burning house. An HRAT reportfurther indicates that on 29 August 1995, HRAT observed in the Golubić area sixpersons referred to as HV soldiers leaving the hamlet of Golubić, where several houseshad recently begun to burn, and turning back and dispersing upon seeing HRAT.Without further information as to why these persons turned back and dispersed, the3333 P71 (Split MD operational diary for 25 July – 14 September 1995), pp. 83-84.3334 P2343 (Operative logbook of the 4th Guards Brigade, July and August 1995), p. 48.3335 P71 (Split MD operational diary for 25 July – 14 September 1995), pp. 100-101.3336 P2586 (Regiment Command War Journal Extract, 6th Home Guard Regiment), pp. 5, 7.3337 P71 (Split MD operational diary for 25 July – 14 September 1995), pp. 108-109.3338 P71 (Split MD operational diary for 25 July – 14 September 1995), pp. 110, 112.3339 D990 (HV Main Staff report on military facilities in the area of responsibility of the Split MD, 29August 1995), pp. 1, 3.456Case No.: IT-06-90-T 15 April 2011 `

38858evidence is not sufficient to establish that these persons set fire to the houses. Accordingto a VP log book, on 1 September 1995 someone saw several persons in VP cars withlicense plates “HV 283 VP” and “HV 719 VP” close to some burning houses inGolubić, and according to the same log book it was later established that the VPmembers had discovered the burning houses and were looking for the perpetrators. Theproximity between the VP members and the fires is not sufficient to establish that thesepersons set fire to the houses. Finally, the evidence indicates that a house near Golubićwas burning on 25 September 1995. However, there is insufficient evidence as to thecircumstances under which the house was set on fire. Under these circumstances, theTrial Chamber will not further consider these incidents in relation to Counts 1, 4, and 5of the Indictment.855. On the basis of P2610, the Trial Chamber finds that on 8 September 1995 fivemembers of the HV based in the Golubić area took, for their personal gain, a largenumber of items (listed on pages 7-8 of P2610) from houses in Golubić, loaded themonto a truck and drove towards Zadar. The Trial Chamber notes in this regard that theMunicipal Court in Knin convicted them of aggravated theft, and that there is noindication in the evidence that this judgement did not become final under Croatian law.Based on evidence from Mauro, the Trial Chamber further finds that on 5 September1995 persons referred to as Croatian military were looting in the Golubić area, whichthe Trial Chamber understands to mean that they took unspecified items away. Maurodid not provide further details as to the factual basis for her qualification of thesepersons as Croatian military. However, considering the presence of the HV in the areaof Golubić at the time, the Trial Chamber finds that these persons were members of theHV. Considering the ethnic composition of Golubić in 1991, the Chamber finds thatmost if not all of these items were owned by Krajina Serbs. The Trial Chamber willfurther consider these incidents in relation to Counts 1 and 4 of the Indictment inchapters 5.5.2 5.6.2 and 5.8.2 (f) below.Knin town856. The Trial Chamber has received large amounts of evidence relevant to thealleged destruction and plunder in Knin. The Trial Chamber has considered all of thisevidence, but only reviews and discusses parts of it below, focusing on the best457Case No.: IT-06-90-T 15 April 2011 `

38859Guards Brigade entered Golubić and reached the entrance of Vrpolje. 3333 According tothe operative logbook of the 4th Guards Brigade, on 9 August 1995, at 5 p.m., the 2ndinfantry brigade relocated away from the area of Golubić. 3334 According to the SplitMD’s Operation<strong>al</strong> Diary, on 11 August 1995 twenty members of the 72nd VP Batt<strong>al</strong>ionof the HV were securing the warehouse in Golubić. 3335 According to the 6th HomeGuard Regiment War Journ<strong>al</strong>, the 6th Regiment’s command post was being s<strong>et</strong> up inGolubić on 12 August 1995. On 14 August 1995 the commanding officer of the 6thRegiment’s 2nd Batt<strong>al</strong>ion deployed with 80 men in the area of Golubić. 3336 On 15August 1995 a warehouse in Golubić was assigned to the 73rd VP Batt<strong>al</strong>ion. 3337 On 16August 1995 the batt<strong>al</strong>ion in the area of Knin and Golubić was searching the area. 3338On 29 August 1995, the Golubić warehouse was guarded and used by the 300th LogisticBase. 3339 In addition to the evidence above, the Tri<strong>al</strong> Chamber has considered exhibitP2559, P2379, and D180, pp. 6-7, 14-15.854. The Tri<strong>al</strong> Chamber finds that the HV was present in the Golubić area starting on5 August 1995 until, at least, 8 September 1995. The evidence <strong>al</strong>so indicates that housesin the Golubić area started burning as early as 12 August 1995, with two witnessesobserving approximately 20 houses burn on 17 August 1995. However, there isinsufficient evidence as to the circumstances under which the houses were s<strong>et</strong> on fire.The evidence further indicates that by 26 August 1995, many houses in and aroundGolubić had been “looted”. However, the evidence does not establish wh<strong>et</strong>her, when, orby whom items were taken from these houses. On 27 August 1995, Flynn observed aburning house in a haml<strong>et</strong> of Golubić. The evidence indicates that Speci<strong>al</strong> Policesearched on that day the area of Golubić. However, the evidence is insufficient toestablish a link b<strong>et</strong>ween the Speci<strong>al</strong> Police and the burning house. An HRAT reportfurther indicates that on 29 August 1995, HRAT observed in the Golubić area sixpersons referred to as HV soldiers leaving the haml<strong>et</strong> of Golubić, where sever<strong>al</strong> houseshad recently begun to burn, and turning back and dispersing upon seeing HRAT.Without further information as to why these persons turned back and dispersed, the3333 P71 (Split MD operation<strong>al</strong> diary for 25 July – 14 September 1995), pp. 83-84.3334 P2343 (Operative logbook of the 4th Guards Brigade, July and August 1995), p. 48.3335 P71 (Split MD operation<strong>al</strong> diary for 25 July – 14 September 1995), pp. 100-101.3336 P2586 (Regiment Command War Journ<strong>al</strong> Extract, 6th Home Guard Regiment), pp. 5, 7.3337 P71 (Split MD operation<strong>al</strong> diary for 25 July – 14 September 1995), pp. 108-109.3338 P71 (Split MD operation<strong>al</strong> diary for 25 July – 14 September 1995), pp. 110, 112.3339 D990 (HV Main Staff report on military facilities in the area of responsibility of the Split MD, 29August 1995), pp. 1, 3.456Case No.: IT-06-90-T 15 April 2011 `

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