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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38857available evidence. 3340 As a rule, the Trial Chamber will in this chapter not explicitlyconsider evidence that is undated, prospective, vague, general, un-sourced or otherwisewithout a proper factual basis, not clearly related to Knin, not clearly related to propertywithin the scope of the Indictment, 3341 or evidence of destruction that is clearly combatrelated.According to the 1991 Population Census, the population of Knin consisted of9,867 Serbs out of a total of 12,331 persons in 1991. 3342 Pašić testified that thedemographics of Knin had changed substantially, and that at the start of OperationStorm there were some 250 Croats in Knin. 3343857. An overview over destruction and plunder in Knin during the Indictment periodwas provided by Witness 84, a police officer in Knin. 3344 He testified that the lootingand the burning of the houses were done in stages. 3345 The first stage of looting anddestruction was carried out by professional soldiers of the Croatian Army who hadparticipated in Operation Storm and remained in Knin for three to four days after theliberation of Knin. 3346 Witness 84 stated that he recognized the members of the CroatianArmy that had participated in Operation Storm by the armbands that they werewearing. 3347 The second stage of looting and destruction was carried out by the homeguard units that returned to the area approximately five to ten days after OperationStorm. 3348 The witness stated that there were also at this stage demobilized soldiers,who had kept their Croatian uniforms, military ID cards and weapons, coming back toKnin pretending to be active members of the HV. 3349 The third stage of looting anddestruction was carried out by civilians returning to the area on or around 15 August3340 See Chapter 2.3341 The Trial Chamber received much evidence regarding the property of international observers. Sincethe Indictment charges plunder of the property owned or inhabited by Krajina Serbs, the Trial Chamberwill not explicitly discuss such evidence unless it serves some other purpose such as establishing trooppresence. See also Chapter 2.3342 C5 (State Bureau of Statistics Population Census of 1991, National Structure of the Population ofCroatia According to Settlement), pp. 110-111.3343 D1707 (Petar Pašić, witness statement, 23 April 2009), para. 4; Petar Pašić, T. 22914-22915, 23035-23036.3344 P1035 (Witness 84, pseudonym sheet); P2393 (Witness 84, witness statement, 20 November 2007), p.1; P2394 (Witness 84, witness statement, 11 July 2004), p. 1; P2395 (Witness 84, witness statement 9March 2002), pp. 1-3; Witness 84, T. 11061, 11073, 11094, 11101, 11358, 11360.3345 P2393 (Witness 84, witness statement, 20 November 2007), para. 27; P2395 (Witness 84, witnessstatement, 9 March 2002), para. 30.3346 P2393 (Witness 84, witness statement, 20 November 2007), para. 27; P2395 (Witness 84, witnessstatement, 9 March 2002), para. 30; Witness 84, T. 11097-11100.3347 Witness 84, T. 11100.3348 P2393 (Witness 84, witness statement, 20 November 2007), para. 27; P2395 (Witness 84, witnessstatement, 9 March 2002), para. 30; Witness 84, T. 11101, 11387.3349 Witness 84, T. 11104, 11411-11412, 11414.458Case No.: IT-06-90-T 15 April 2011 `

388561995. 3350 Witness 84 stated that within 10-20 days after the liberation of Knin, the cityand the surrounding area was completely looted and burnt. 3351 According to the witness,over 70 per cent of the houses were destroyed in the first stage and after the first 15 daysthe destruction slowed down but did not come to a complete halt. 3352 The witnessfurther stated that property belonging to both ethnic communities, Croats and Serbs, wasbeing looted. 3353 The Trial Chamber will examine whether the overview provided byWitness 84 finds support in more specific evidence, and has identified two distinctperiods, with which it will deal successively. The first period covers 5-8 August, and thesecond period covers 9 August until the end of the Indictment period.858. Most of the relevant evidence concerns the first period, from 5 to 8 August 1995.The Trial Chamber will examine the evidence day by day, to the extent possible, beforemaking its findings on the entire first period.859. The Trial Chamber first turns to the arrival of Croatian forces in the town ofKnin. The Trial Chamber has received relevant documentary evidence from Croatiansources. According to the Split MD’s Operational Diary, at 11:07 a.m. on 5 August1995 the Commander of the 7th Guards Brigade of the HV reported that he had enteredKnin. 3354 At 11:30 a.m. it was reported from intelligence sources that the 7th GuardsBrigade was on the bridge in Knin, and had seized all of Knin. 3355 At 11:25 a.m., Zebićreported from the 7th Guards Brigade command post that they were around the barracksin Knin, and were pulling out some of the motor vehicles. 3356 At 12:50 p.m., the 1st pbreported that they were at the centre of Knin. 3357 The Trial Chamber has consideredfurther relevant evidence from P2343, reviewed in chapter 4.1.9 (Nikola Dragičević andothers - Schedule no. 1). In a daily report addressed to Major General Ivan Tolj sent at 1p.m. on 5 August 1995, Colonel Ivan Zelić, Coordinator of the Political Administrationat the Ministry of Defence for Political Affairs, stated that Croatian forces had takencontrol of Knin by noon. 3358 According to Ante Gotovina’s analysis of Operation Storm,3350 P2393 (Witness 84, witness statement, 20 November 2007), para. 27; P2395 (Witness 84, witnessstatement, 9 March 2002), para. 30; Witness 84, T. 11105, 11387.3351 P2395 (Witness 84, witness statement, 9 March 2002), para. 24.3352 P2393 (Witness 84, witness statement, 20 November 2007), para. 24.3353 Witness 84, T. 11410.3354 P71 (Split MD operational diary for 25 July – 14 September 1995), pp. 83-84.3355 P71 (Split MD operational diary for 25 July – 14 September 1995), p. 84.3356 P2343 (Operative logbook of the 4th Guards Brigade, July and August 1995), p. 36.3357 P2343 (Operative logbook of the 4th Guards Brigade, July and August 1995), p. 37.3358 D180 (Documentation of Croatian authorities of investigation of murders of Ilija and Milka Petko,and Dmitar and ðuro Rašuo), pp. 14-15.459Case No.: IT-06-90-T 15 April 2011 `

38857available evidence. 3340 As a rule, the Tri<strong>al</strong> Chamber will in this chapter not explicitlyconsider evidence that is undated, prospective, vague, gener<strong>al</strong>, un-sourced or otherwisewithout a proper factu<strong>al</strong> basis, not clearly related to Knin, not clearly related to propertywithin the scope of the Indictment, 3341 or evidence of destruction that is clearly combatrelated.According to the 1991 Population Census, the population of Knin consisted of9,867 Serbs out of a tot<strong>al</strong> of 12,331 persons in 1991. 3342 Pašić testified that thedemographics of Knin had changed substanti<strong>al</strong>ly, and that at the start of OperationStorm there were some 250 Croats in Knin. 3343857. An overview over destruction and plunder in Knin during the Indictment periodwas provided by Witness 84, a police officer in Knin. 3344 He testified that the lootingand the burning of the houses were done in stages. 3345 The first stage of looting anddestruction was carried out by profession<strong>al</strong> soldiers of the Croatian Army who hadparticipated in Operation Storm and remained in Knin for three to four days after theliberation of Knin. 3346 Witness 84 stated that he recognized the members of the CroatianArmy that had participated in Operation Storm by the armbands that they werewearing. 3347 The second stage of looting and destruction was carried out by the homeguard units that r<strong>et</strong>urned to the area approximately five to ten days after OperationStorm. 3348 The witness stated that there were <strong>al</strong>so at this stage demobilized soldiers,who had kept their Croatian uniforms, military ID cards and weapons, coming back toKnin pr<strong>et</strong>ending to be active members of the HV. 3349 The third stage of looting anddestruction was carried out by civilians r<strong>et</strong>urning to the area on or around 15 August3340 See Chapter 2.3341 The Tri<strong>al</strong> Chamber received much evidence regarding the property of internation<strong>al</strong> observers. Sinc<strong>et</strong>he Indictment charges plunder of the property owned or inhabited by Krajina Serbs, the Tri<strong>al</strong> Chamberwill not explicitly discuss such evidence unless it serves some other purpose such as establishing trooppresence. See <strong>al</strong>so Chapter 2.3342 C5 (State Bureau of Statistics Population Census of 1991, Nation<strong>al</strong> Structure of the Population ofCroatia According to S<strong>et</strong>tlement), pp. 110-111.3343 D1707 (P<strong>et</strong>ar Pašić, witness statement, 23 April 2009), para. 4; P<strong>et</strong>ar Pašić, T. 22914-22915, 23035-23036.3344 P1035 (Witness 84, pseudonym she<strong>et</strong>); P2393 (Witness 84, witness statement, 20 November 2007), p.1; P2394 (Witness 84, witness statement, 11 July 2004), p. 1; P2395 (Witness 84, witness statement 9March 2002), pp. 1-3; Witness 84, T. 11061, 11073, 11094, 11101, 11358, 11360.3345 P2393 (Witness 84, witness statement, 20 November 2007), para. 27; P2395 (Witness 84, witnessstatement, 9 March 2002), para. 30.3346 P2393 (Witness 84, witness statement, 20 November 2007), para. 27; P2395 (Witness 84, witnessstatement, 9 March 2002), para. 30; Witness 84, T. 11097-11100.3347 Witness 84, T. 11100.3348 P2393 (Witness 84, witness statement, 20 November 2007), para. 27; P2395 (Witness 84, witnessstatement, 9 March 2002), para. 30; Witness 84, T. 11101, 11387.3349 Witness 84, T. 11104, 11411-11412, 11414.458Case No.: IT-06-90-T 15 April 2011 `

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