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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38805Polača967. The Trial Chamber has received relevant evidence with regard to allegeddestruction and plunder in Polača in Knin municipality through the testimonies ofWitness 136 and Peter Marti and ECMM, UNMO, and HRAT reports.968. On 11 August 1995 at 9:25 a.m., ECMM observed around ten burnt houses andfour HV soldiers without unit insignia looting in Polača. At 12:30 p.m., in the samevillage, ECMM observed eight houses on fire and saw that the four soldiers were stillpresent. At both times, the village was deserted. 3779969. Witness 136, a Serb field interpreter for UNCIVPOL and UNCRO, 3780 testifiedthat on 15 August 1995, she and the UN patrol she was with passed through Kovačić,Podinarje, Suvo Polje, and Polača all located in Knin municipality, observing nocivilians. 3781 Most houses she saw had been plundered, items of furniture and clothinglay scattered outside the houses, and many of the doors had been broken open. 3782 Thewitness added that all the houses along the road in Polača had been burnt. 3783 On 3September 1995, Witness 136 saw that most of the houses in Crnogorci and Radulovićihamlets in Mala Polača village, Knin municipality had been looted and burnt, and therewere a lot of dead farm animals around. 3784 Witness 136 also testified that severalhouses were burnt down in Mala Polača, Velika Polača, and Palanka on the Knin-Gračac road. 3785970. Peter Marti, an UNMO and later a member of HRAT in Sector South from 19June to 27 November 1995, 3786 testified that on 27 August 1995, together with MajorTchernetsky and Lieutenant Commander Mensah, he saw 18 houses burned, three partlyburned and 15 houses looted in Mala Polača, five houses burned and 15 houses looted in3779 P810 (ECMM list of villages with level of destruction, 22 August 1995), p. 7; P815 (ECMM report byLiborius, 26 August 1995), p. 6.3780 P2 (Witness 136, witness statement, 4 July 1996), pp. 1-2; Witness 136, T. 620, 622, 641, 726, 765,768, 780-782.3781 P2 (Witness 136, witness statement, 4 July 1996), p. 7; Witness 136, T. 641-642; P5 (Map of SectorSouth marked by Witness 136).3782 P2 (Witness 136, witness statement, 4 July 1996), p. 7; Witness 136, T. 641-642; P5 (Map of SectorSouth marked by Witness 136); P3 (Witness 136, witness statement, 11 June 2007), para. 13.3783 P2 (Witness 136, witness statement, 4 July 1996), p. 7; Witness 136, T. 641-642; P5 (Map of SectorSouth marked by Witness 136).3784 P2 (Witness 136, witness statement, 4 July 1996), p. 13; Witness 136, T. 641-642; P5 (Map of SectorSouth marked by Witness 136).3785 P2 (Witness 136, witness statement, 4 July 1996), p. 14; Witness 136, T. 641-642, 764-765; P5 (Mapof Sector South marked by Witness 136).3786 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, 17510Case No.: IT-06-90-T 15 April 2011 `

38804Bosnić, and four houses burned and nine houses looted in Vučkovići, all in Kninmunicipality. 3787 In Mala Polača Marti saw a group of soldiers coming down the hillsidesome 200 metres away, going from house to house searching as they went. 3788 HRATreported that on 4 September 1995 it saw HV soldiers looting in Mala Polača, Kninmunicipality. 3789971. In addition to the evidence above, the Trial Chamber has considered evidence bySmiljana Mirković, reviewed in chapter 4.1.9 – ðurñija Mirković.972. The evidence indicates that on 7 or 8 August 1995, three persons referred to asCroatian soldiers set fire to a number of houses in Polača, in Knin municipality. Basedon Smiljana Mirković’s description of these persons as soldiers, the Trial Chamber issatisfied that they wore military-type uniforms. The evidence further indicates that inPolača on 11 August 1995, at 9:25 a.m., there were ten burnt houses and four personsreferred to as HV soldiers without unit insignia looting, which the Trial Chamberunderstands to mean they were taking unspecified items away. At 12:30 p.m., therewere eight houses on fire and the four persons were still present in Polača. As thevillage was otherwise deserted, this evidence indicates that the four persons set the eightburning houses observed at 12:30 p.m. on fire. Based on the description of these personsas HV soldiers, the Trial Chamber is satisfied that they wore military-type uniforms.However, the evidence does not provide further details as to the factual basis for theirqualification as HV soldiers. Consequently, and considering also the reported absenceof unit insignia, the Trial Chamber cannot assess whether this qualification was made ona proper factual basis. Regarding the incidents in Polača on 7 or 8 and on 11 August1995, the Trial Chamber has received no other reliable evidence about which armedforces, if any, the perpetrators belonged to. Nor has the Trial Chamber receivedsufficient evidence about which armed forces, if any, were present in or in the vicinityof Polača at the time. The Trial Chamber is therefore unable to draw any conclusionsregarding the identity or affiliation of the perpetrators.973. Witness 136 testified that on 15 August 1995, travelling through Polača, she sawplundered houses, with doors broken open and items of furniture and clothing lying3787 P417 (Peter Marti, witness statement, 14 December 2007), para. 62; P67 (Report of UNMO teamPodkonje on Human Rights Violations since the start of Operation Storm, dated 27 August 1995), p. 5.3788 P417 (Peter Marti, witness statement, 14 December 2007), para. 47.3789 P21 (Edward Flynn, witness statement, 26-27 February 2008), para. 29; P36 (HRAT daily report, 2-4September 1995), p. 3.511Case No.: IT-06-90-T 15 April 2011 `

38805Polača967. The Tri<strong>al</strong> Chamber has received relevant evidence with regard to <strong>al</strong>legeddestruction and plunder in Polača in Knin municip<strong>al</strong>ity through the testimonies ofWitness 136 and P<strong>et</strong>er Marti and ECMM, UNMO, and HRAT reports.968. On 11 August 1995 at 9:25 a.m., ECMM observed around ten burnt houses andfour HV soldiers without unit insignia looting in Polača. At 12:30 p.m., in the samevillage, ECMM observed eight houses on fire and saw that the four soldiers were stillpresent. At both times, the village was deserted. 3779969. Witness 136, a Serb field interpr<strong>et</strong>er for UNCIVPOL and UNCRO, 3780 testifiedthat on 15 August 1995, she and the UN patrol she was with passed through Kovačić,Podinarje, Suvo Polje, and Polača <strong>al</strong>l located in Knin municip<strong>al</strong>ity, observing nocivilians. 3781 Most houses she saw had been plundered, items of furniture and clothinglay scattered outside the houses, and many of the doors had been broken open. 3782 Thewitness added that <strong>al</strong>l the houses <strong>al</strong>ong the road in Polača had been burnt. 3783 On 3September 1995, Witness 136 saw that most of the houses in Crnogorci and Radulovićihaml<strong>et</strong>s in M<strong>al</strong>a Polača village, Knin municip<strong>al</strong>ity had been looted and burnt, and therewere a lot of dead farm anim<strong>al</strong>s around. 3784 Witness 136 <strong>al</strong>so testified that sever<strong>al</strong>houses were burnt down in M<strong>al</strong>a Polača, Velika Polača, and P<strong>al</strong>anka on the Knin-Gračac road. 3785970. P<strong>et</strong>er Marti, an UNMO and later a member of HRAT in Sector South from 19June to 27 November 1995, 3786 testified that on 27 August 1995, tog<strong>et</strong>her with MajorTchern<strong>et</strong>sky and Lieutenant Commander Mensah, he saw 18 houses burned, three partlyburned and 15 houses looted in M<strong>al</strong>a Polača, five houses burned and 15 houses looted in3779 P810 (ECMM list of villages with level of destruction, 22 August 1995), p. 7; P815 (ECMM report byLiborius, 26 August 1995), p. 6.3780 P2 (Witness 136, witness statement, 4 July 1996), pp. 1-2; Witness 136, T. 620, 622, 641, 726, 765,768, 780-782.3781 P2 (Witness 136, witness statement, 4 July 1996), p. 7; Witness 136, T. 641-642; P5 (Map of SectorSouth marked by Witness 136).3782 P2 (Witness 136, witness statement, 4 July 1996), p. 7; Witness 136, T. 641-642; P5 (Map of SectorSouth marked by Witness 136); P3 (Witness 136, witness statement, 11 June 2007), para. 13.3783 P2 (Witness 136, witness statement, 4 July 1996), p. 7; Witness 136, T. 641-642; P5 (Map of SectorSouth marked by Witness 136).3784 P2 (Witness 136, witness statement, 4 July 1996), p. 13; Witness 136, T. 641-642; P5 (Map of SectorSouth marked by Witness 136).3785 P2 (Witness 136, witness statement, 4 July 1996), p. 14; Witness 136, T. 641-642, 764-765; P5 (Mapof Sector South marked by Witness 136).3786 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, 17510Case No.: IT-06-90-T 15 April 2011 `

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