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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38835car without registration plates. 3585 Liborius stated that they seemed surprised to find anECMM monitor in the house and they said that they had come to remove valuables.Liborius explained to the soldiers that these were his personal belongings and that thehouse belonged to civilians by the name of Urukalo. The soldiers then left the house andwent to collect items from the neighbouring house. 3586 Liborius also testified that heencountered three soldiers from the 4th Guards Brigade at his accommodation, one ofwhom said that it was their right to collect things they wanted. 3587893. Dangerfield testified that on 7 August 1995 he went on patrol in Knin andobserved military and civilian trucks arriving at houses and persons wearing HVuniforms loading various electrical items into cars. 3588 Dangerfield saw no police tryingto stop this. 3589 The vehicles that were used in the looting were the same kind ofvehicles the witness had seen on the HV side of the Zone of Separation and their licenceplates consistently included the letters HV. 3590 There was a large number of HV soldiersin Knin, but Dangerfield did not see any officers or commanders while the looting inKnin took place, and it was evident to him that there was no one in a position ofauthority controlling what was going on. 3591894. Hill testified that on 7 August 1995 he saw soldiers stealing cars, alcohol, TVs,stereos, clothes, and food all over Knin. 3592 The Trial Chamber has in this regard alsoconsidered evidence from Berikoff, reviewed in chapter 4.2.1. On 7 August 1995, Al-Alfi left the compound and met Akashi in Knin. 3593 The witness saw at least ten oreleven houses on fire in Knin and saw civilian vehicles with Croatian license plates, aswell as military vehicles, loaded with personal belongings, including televisions, radios,and clothes. 3594 On 7 August 1995, at 8:30 a.m., an UNMO patrol observed two houses3585 P799 (Søren Liborius, witness statement, 2 November 1995), p. 5; P801 (Søren Liborius, witnessstatement, 12 October 2005), p. 3; Søren Liborius, T. 8265; D741 (Diary of Liborius), pp. 4, 8.3586 P799 (Søren Liborius, witness statement, 2 November 1995), p. 5.3587 P802 (Søren Liborius, witness statement, 20 June 2008), para. 29; Søren Liborius, T. 8411.3588 P695 (Roland Dangerfield, witness statement, 21 December 1995), paras 9-10, 34; RolandDangerfield, T. 7152- 7154.3589 P695 (Roland Dangerfield, witness statement, 21 December 1995), para. 34; Roland Dangerfield, T.7153-7154.3590 Roland Dangerfield, T. 7157.3591 P695 (Roland Dangerfield, witness statement, 21 December 1995), para. 34; Roland Dangerfield, T.7153-7154.3592 P292 (John Hill, witness statement, 21 January 1998), pp. 3, 101; John Hill, T. 3780-3781, 3895-3897; P306 (Report by John Hill on HV activities from 4-11 August 1995), p. 1.3593 P1160 (Hussein Al-Alfi, witness statement, 5 March 1998), pp. 38-39; Hussein Al-Alfi, T. 13809,13902-13905.3594 P1160 (Hussein Al-Alfi, witness statement, 5 March 1998), pp. 39-40; Hussein Al-Alfi, T. 13809-13810, 13910.480Case No.: IT-06-90-T 15 April 2011 `

38834burning in Knin town. 3595 Beginning at 1:45 p.m. on 7 August 1995, UNMO observedCroatian soldiers carrying valuable items from houses. 3596895. Two international witnesses, Flynn and Akashi, who arrived in Knin on 7 August1995 provided a somewhat different account of the relevant events. Edward Flynn, aHuman Rights Officer with the Office of the UNHCHR and the leader of one of theHRATs in the former Sector South from 7 August to mid-September 1995, 3597 arrivedin Knin by helicopter with Akashi and others on 7 August 1995 and saw smoke rising ina couple of places in Knin. 3598 Very shortly thereafter, they drove down the main streetof Knin, where Flynn saw shattered shop windows, buildings with signs of ballisticsimpacts and a lot of persons in military uniform. 3599 Yasushi Akashi, SpecialRepresentative of the Secretary-General to the former Yugoslavia and Chief ofUNPROFOR/UNCRO from January 1994 to October 1995, 3600 testified that on 7August 1995, the streets of Knin were littered with pieces of buildings, stores had theirwindows broken, and there were many internally displaced persons. 3601 The witnessfurther testified that some of the houses that looked like civilian residences were alsodamaged. 3602 Akashi also testified that the amount of destruction and damage heencountered in Knin was not as great as he had anticipated and that the amount ofdestruction was not of the same level as the witness had seen in Sarajevo. 3603 The TrialChamber has further considered evidence by Edward Flynn, reviewed in chapter 4.4.3.896. Accounts similar to those of Flynn and Akashi were provided by Croatianwitnesses. Ive Kardum, Chief of the crime police department for the Zadar-Knin policeadministration in 1995, 3604 testified that he first came to Knin on 7 August 1995, wherehe had a meeting in Knin Police station and found Čedo Romanić and Stjepan Buhin3595 Tor Munkelien, T. 1520-1521; P67 (UNMO Team Podkonje report, 27 August 1995), para. 2.3596 P111 (UNMO Sector South daily situation report, 8 p.m., 7 August 1995), p. 7.3597P20 (Edward Flynn, witness statement, 29 June 1997), pp. 1-2, 6, 13, 23; P21 (Edward Flynn, witnessstatement, 26-27 February 2008), p. 1, paras 3-4, 36; Edward Flynn, T. 1044, 1270, 1291-1292, 1312,1325.3598 P20 (Edward Flynn, witness statement, 29 June 1997), pp. 2-3, 5, 16, 25; Edward Flynn, T. 1109,1141, 1298, 1301, 1303; D29 (Cable from Akashi to Annan regarding his trip to Knin, 7 August 1995),para. 1.3599 P20 (Edward Flynn, witness statement, 29 June 1997), pp. 3, 19; Edward Flynn, T. 1307; D29 (Cablefrom Akashi to Annan regarding his trip to Knin, 7 August 1995), paras 1-2.3600 D1646 (Yasushi Akashi, witness statement, 20 July 2009), para. 1; Yasushi Akashi, T. 21621.3601 Yasushi Akashi, T. 21671-21672.3602 Yasushi Akashi, T. 21672.3603 Yasushi Akashi, T. 21673-21674, 21741.3604P2396 (Ive Kardum, witness statement, 3-4 May 2007), p. 1, paras 2-3; P2397 (Ive Kardum, witnessstatement, 22-23 March 2004), p. 1, paras 1-3, 12, 15, 17; Ive Kardum, T. 9231, 9251-9252, 9398, 9498-9499.481Case No.: IT-06-90-T 15 April 2011 `

38835car without registration plates. 3585 Liborius stated that they seemed surprised to find anECMM monitor in the house and they said that they had come to remove v<strong>al</strong>uables.Liborius explained to the soldiers that these were his person<strong>al</strong> belongings and that thehouse belonged to civilians by the name of Uruk<strong>al</strong>o. The soldiers then left the house andwent to collect items from the neighbouring house. 3586 Liborius <strong>al</strong>so testified that heencountered three soldiers from the 4th Guards Brigade at his accommodation, one ofwhom said that it was their right to collect things they wanted. 3587893. Dangerfield testified that on 7 August 1995 he went on patrol in Knin andobserved military and civilian trucks arriving at houses and persons wearing HVuniforms loading various electric<strong>al</strong> items into cars. 3588 Dangerfield saw no police tryingto stop this. 3589 The vehicles that were used in the looting were the same kind ofvehicles the witness had seen on the HV side of the Zone of Separation and their licenceplates consistently included the l<strong>et</strong>ters HV. 3590 There was a large number of HV soldiersin Knin, but Dangerfield did not see any officers or commanders while the looting inKnin took place, and it was evident to him that there was no one in a position ofauthority controlling what was going on. 3591894. Hill testified that on 7 August 1995 he saw soldiers ste<strong>al</strong>ing cars, <strong>al</strong>cohol, TVs,stereos, clothes, and food <strong>al</strong>l over Knin. 3592 The Tri<strong>al</strong> Chamber has in this regard <strong>al</strong>soconsidered evidence from Berikoff, reviewed in chapter 4.2.1. On 7 August 1995, Al-Alfi left the compound and m<strong>et</strong> Akashi in Knin. 3593 The witness saw at least ten oreleven houses on fire in Knin and saw civilian vehicles with Croatian license plates, aswell as military vehicles, loaded with person<strong>al</strong> belongings, including televisions, radios,and clothes. 3594 On 7 August 1995, at 8:30 a.m., an UNMO patrol observed two houses3585 P799 (Søren Liborius, witness statement, 2 November 1995), p. 5; P801 (Søren Liborius, witnessstatement, 12 October 2005), p. 3; Søren Liborius, T. 8265; D741 (Diary of Liborius), pp. 4, 8.3586 P799 (Søren Liborius, witness statement, 2 November 1995), p. 5.3587 P802 (Søren Liborius, witness statement, 20 June 2008), para. 29; Søren Liborius, T. 8411.3588 P695 (Roland Dangerfield, witness statement, 21 December 1995), paras 9-10, 34; RolandDangerfield, T. 7152- 7154.3589 P695 (Roland Dangerfield, witness statement, 21 December 1995), para. 34; Roland Dangerfield, T.7153-7154.3590 Roland Dangerfield, T. 7157.3591 P695 (Roland Dangerfield, witness statement, 21 December 1995), para. 34; Roland Dangerfield, T.7153-7154.3592 P292 (John Hill, witness statement, 21 January 1998), pp. 3, 101; John Hill, T. 3780-3781, 3895-3897; P306 (Report by John Hill on HV activities from 4-11 August 1995), p. 1.3593 P1160 (Hussein Al-Alfi, witness statement, 5 March 1998), pp. 38-39; Hussein Al-Alfi, T. 13809,13902-13905.3594 P1160 (Hussein Al-Alfi, witness statement, 5 March 1998), pp. 39-40; Hussein Al-Alfi, T. 13809-13810, 13910.480Case No.: IT-06-90-T 15 April 2011 `

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