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Gotovina et al Judgement Volume I - ICTY

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39264TRS-2, and TS-3. Based on P1125, P1266, P2585, and the testimony of Botteri, theTri<strong>al</strong> Chamber finds that as of 2 August 1995 the OG Sinj comprised the 126th HomeGuard Regiment, the 144th Brigade, and the 6th Home Guard Regiment. Based onP1125 and D970, the Tri<strong>al</strong> Chamber finds that at this time, the OG Šibenik consisted ofthe 15th and 142nd Home Guard Regiments, the 113th Infantry Brigade, and the TS-4.Based on P1125, P1192, P1266, P2585, D970, and the testimony of Botteri and Rajčić,the Tri<strong>al</strong> Chamber finds that the OG Zadar consisted of the 2nd batt<strong>al</strong>ion of the 9thGuards Brigade, the 112th Brigade, the 7th and 134th Home Guard Regiments, and theTS-5, with the exception of the TS-5 artillery weapons in the Rovanjska area. Based onP1266 and P2585, the Tri<strong>al</strong> Chamber finds that the operation<strong>al</strong> units of the Split MD atthe start of Operation Storm consisted of approximately 32,900 troops. Further, basedon P2585, P1209, and D992, the Tri<strong>al</strong> Chamber finds that approximately 10,000 ofthese troops had been mobilized after 5 July 1995.99. According to Červenko’s order D559, as of 14 August 1995, the 7th GuardsBrigade was to be r<strong>et</strong>urned to the direct command of the Chief of the HV Main Staffand was no longer subordinate to the Split MD. However, according to report D891 byŽivko Budimir to Červenko, on 18 August 1995, the 7th Guards Brigade was under thedirect command of the Split MD. Under these circumstances, in light of theinconsistency b<strong>et</strong>ween order D559 and report D891, the Tri<strong>al</strong> Chamber is unable tod<strong>et</strong>ermine wh<strong>et</strong>her the 7th Guards Brigade remained subordinated to the Split MD after14 August 1995.100. Based on Šušak’s decision D882, the Tri<strong>al</strong> Chamber finds that on 9 August 1995,Šušak ordered the demobilization of at least 70,000 conscripts from the HV. Thepropos<strong>al</strong> for demobilization within the Split MD planned for the following numbers ofconscripts to be demobilized: 3,684 b<strong>et</strong>ween 15 August 1995 and 1 September 1995;3,690 b<strong>et</strong>ween 1 and 10 September 1995, and 3,312 b<strong>et</strong>ween 10 and 20 September1995. According to Červenko’s report D1382, b<strong>et</strong>ween 9 August and 11 September1995, 11,072 troops were demobilized within the Split MD. According to HV reportP1210, on 11 August 1995, the Split MD consisted of 36,888 persons. Further,according to Červenko’s report P2602, b<strong>et</strong>ween 10 and 15 August 1995, the HV’sforces decreased by approximately 3,800 persons and b<strong>et</strong>ween 15 and 21 August 1995by approximately 16,900 persons. Based on the foregoing reports, the Tri<strong>al</strong> Chamberfinds that prior to 15 August 1995 only a sm<strong>al</strong>l number, if any, of the members of the51Case No.: IT-06-90-T 15 April 2011 `

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