Gotovina et al Judgement Volume I - ICTY
Share Embed Flag
Download ePaper

Gotovina et al Judgement Volume I - ICTY

Gotovina et al Judgement Volume I - ICTY Gotovina et al Judgement Volume I - ICTY

cpi.hr
12.07.2015 Views

387874.2.14 Oklaj municipalityOklaj town1012. The Trial Chamber has received relevant evidence with regard to allegeddestruction and plunder in Oklaj primarily through the testimony of Berikoff. In thisrespect, the Trial Chamber has considered evidence from this witness reviewed inchapter 4.2.1, and P1183 and P2349 reviewed in chapter 4.1.15 (Stevo Berić and others- Schedule no. 7). According to the 1991 Population Census, the population of Oklajtown consisted of four Serbs out of a total of 485 persons in 1991. 38571013. According to a daily operations report, dated 10 August 1995 and sent byGotovina to the HV Main Staff, one battalion of the HV 4th Guards Brigade was inKnin as a reserve “for possible intervention”. 3858 According to the same report, the142nd Home Guard Regiment was deployed as a reserve in the wider sector of Oklajand Promina village. 3859 Some members of the regiment conducted clearing of theterrain in its area of responsibility, while others were on leave. 38601014. Based on Philip Berikoff’s evidence, the Trial Chamber finds that on 10 August1995 persons referred to as HV/HVO soldiers took unspecified items from buildings inOklaj and placed them on vehicles. Based on Berikoff’s description of these persons asHV/HVO soldiers, the Trial Chamber finds that they wore military-type uniforms. TheTrial Chamber notes that no further details are provided as to the factual basis for thequalification as HV and/or HVO soldiers. However, according to Berikoff, a Croatiancheck-point manned by Croatian soldiers and military police appeared in Oklajfollowing Operation Storm. Considering also that on 10 August 1995 the 142nd HVHome Guard Regiment was present in the wider sector of Oklaj and Promina, the TrialChamber finds that at least some of the persons wearing military-type uniforms weremembers of the HV. The evidence indicates that the population of Oklaj was majorityCroat in 1991, but considering that significant numbers of non-Serbs left the formerSector South between 1991 and 1995 (see chapter 5.1.2 above), the Trial Chambercannot conclude with sufficient certainty the ethnicity of the owners of the items takenfrom buildings in Oklaj in August 1995. The Trial Chamber will further consider this3857 C5 (State Bureau of Statistics Population Census of 1991, National Structure of the Population ofCroatia According to Settlement), p. 74.3858 D282 (Report by Ante Gotovina to HV Main Staff, 10 August 1995), p. 3.3859 D282 (Report by Ante Gotovina to HV Main Staff, 10 August 1995), pp. 1-3.3860 D282 (Report by Ante Gotovina to HV Main Staff, 10 August 1995), p. 2.528Case No.: IT-06-90-T 15 April 2011 `

38786incident in relation to Counts 1 and 4 of the Indictment in chapters 5.6.2 and 5.8.2 (f)below.1015. The evidence also indicates that on 10 August 1995 Oklaj was 95 per centdestroyed. However, the Trial Chamber has received insufficient evidence as to thecircumstances under which and by whom the village was destroyed. Under thesecircumstances, the Trial Chamber will not further consider this incident in relation toCounts 1 and 5 of the Indictment.Razvoñe1016. The Trial Chamber has received relevant evidence with regard to allegeddestruction and plunder in Razvoñe in Oklaj municipality primarily through thetestimony of Philip Berikoff. In this respect, the Trial Chamber has considered evidencefrom this witness (reviewed in chapter 4.2.1), P1183 and P2349 reviewed in chapter4.1.15 (Stevo Berić and others - Schedule no. 7), and D282 reviewed in chapter 4.2.14(Oklaj town). According to the 1991 Population Census, the population of Razvoñeconsisted of 160 Serbs out of a total of 507 persons in 1991. 38611017. Based on Philip Berikoff’s evidence, the Trial Chamber finds that on 10 August1995 persons referred to as HV/HVO soldiers took unspecified items from buildings inRazvoñe, in Oklaj municipality, and placed them on vehicles. Based on Berikoff’sdescription of these soldiers as HV/HVO, the Trial Chamber finds that these personswore military-type uniforms. The Trial Chamber notes that no further details areprovided as to the factual basis for the qualification as HV and/or HVO soldiers.However, according to Berikoff, a Croatian check-point manned by Croatian soldiersand military police appeared in Razvoñe following Operation Storm. Considering alsothat on 10 August 1995 the 142nd HV Home Guard Regiment was present in the widersector of Oklaj and Promina village, the Trial Chamber finds that at least some of thepersons wearing military-type uniforms were members of the HV. The Trial Chamberhas, however, received insufficient evidence linking these HV soldiers to the burninghouses that Berikoff noticed in Razvoñe on 10 August 1995. The evidence indicates thatin 1991 Razvoñe was approximately one-third Serb and two-thirds Croat, and that on 103861 C5 (State Bureau of Statistics Population Census of 1991, National Structure of the Population ofCroatia According to Settlement), p. 74.529Case No.: IT-06-90-T 15 April 2011 `

387874.2.14 Oklaj municip<strong>al</strong>ityOklaj town1012. The Tri<strong>al</strong> Chamber has received relevant evidence with regard to <strong>al</strong>legeddestruction and plunder in Oklaj primarily through the testimony of Berikoff. In thisrespect, the Tri<strong>al</strong> Chamber has considered evidence from this witness reviewed inchapter 4.2.1, and P1183 and P2349 reviewed in chapter 4.1.15 (Stevo Berić and others- Schedule no. 7). According to the 1991 Population Census, the population of Oklajtown consisted of four Serbs out of a tot<strong>al</strong> of 485 persons in 1991. 38571013. According to a daily operations report, dated 10 August 1995 and sent by<strong>Gotovina</strong> to the HV Main Staff, one batt<strong>al</strong>ion of the HV 4th Guards Brigade was inKnin as a reserve “for possible intervention”. 3858 According to the same report, the142nd Home Guard Regiment was deployed as a reserve in the wider sector of Oklajand Promina village. 3859 Some members of the regiment conducted clearing of th<strong>et</strong>errain in its area of responsibility, while others were on leave. 38601014. Based on Philip Berikoff’s evidence, the Tri<strong>al</strong> Chamber finds that on 10 August1995 persons referred to as HV/HVO soldiers took unspecified items from buildings inOklaj and placed them on vehicles. Based on Berikoff’s description of these persons asHV/HVO soldiers, the Tri<strong>al</strong> Chamber finds that they wore military-type uniforms. TheTri<strong>al</strong> Chamber notes that no further d<strong>et</strong>ails are provided as to the factu<strong>al</strong> basis for thequ<strong>al</strong>ification as HV and/or HVO soldiers. However, according to Berikoff, a Croatiancheck-point manned by Croatian soldiers and military police appeared in Oklajfollowing Operation Storm. Considering <strong>al</strong>so that on 10 August 1995 the 142nd HVHome Guard Regiment was present in the wider sector of Oklaj and Promina, the Tri<strong>al</strong>Chamber finds that at least some of the persons wearing military-type uniforms weremembers of the HV. The evidence indicates that the population of Oklaj was majorityCroat in 1991, but considering that significant numbers of non-Serbs left the formerSector South b<strong>et</strong>ween 1991 and 1995 (see chapter 5.1.2 above), the Tri<strong>al</strong> Chambercannot conclude with sufficient certainty the <strong>et</strong>hnicity of the owners of the items takenfrom buildings in Oklaj in August 1995. The Tri<strong>al</strong> Chamber will further consider this3857 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), p. 74.3858 D282 (Report by Ante <strong>Gotovina</strong> to HV Main Staff, 10 August 1995), p. 3.3859 D282 (Report by Ante <strong>Gotovina</strong> to HV Main Staff, 10 August 1995), pp. 1-3.3860 D282 (Report by Ante <strong>Gotovina</strong> to HV Main Staff, 10 August 1995), p. 2.528Case No.: IT-06-90-T 15 April 2011 `

logo

products

Resources

Company

Terms of service
Privacy policy
Cookie policy
Cookie settings
Imprint
Change language
Made with love in Switzerland
© 2024 Yumpu.com all rights reserved

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!