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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38783ten elderly Croat civilians watched them. ECMM left when the situation became tenseand the men continued setting houses on fire. 3875 According to the witness’s diary, on 12August 1995 he saw houses being set alight in a series of villages south of Biskupija. 3876At 11:25 a.m. on 12 August 1995, the witness visited Biskupija to check on the housesof relatives of his friends, and saw that they appeared looted. 3877 The witness also sawbodies of cattle, dogs, and pigs strewn around, with a strong stench developing in theheat. 3878 On 10 September 1995 the witness visited two houses in Biskupija belongingto relatives of his friends and found that most belongings, including the toilet andkitchen units, had been taken with only a little wine in the cellar, a few clothes, andother things that had been destroyed, remaining. 38791024. Other international observers made observations relevant to the late August andSeptember 1995. At 4:50 p.m. on 25 August 1995, UNMO observed one burning housein Biskupija. 3880 Peter Marti, an UNMO and later a member of HRAT in Sector Southfrom 19 June to 27 November 1995, 3881 testified that on 26 August 1995, Major Michieand the witness went on patrol in, inter alia, Biskupija and saw that six houses wereburned, five houses partly burned, and 27 houses that had been looted. 3882 EdwardFlynn, a Human Rights Officer with the Office of the UNHCHR and the leader of oneof the HRATs in the former Sector South from 7 August to mid-September 1995, 3883stated that around 1 September 1995, Flynn visited a family near Biskupija whichreported that someone had shot a hole through the lock of their house the previousnight. 3884 Flynn observed a bullet hole in the lock, and found five dead pigs and a deaddog in the barn. 3885 On 3 September 1995, Flynn saw two houses and barns ablaze inBiskupija, and HV soldiers approximately one kilometre away loading pigs and cows3875 P1290 (Survey report by Marker Hansen, 20 September 1995), p. 6.3876 P1292 (Stig Marker Hansen, personal diary), pp. 10-11.3877 P1290 (Survey report by Marker Hansen, 20 September 1995), p. 7; P1292 (Stig Marker Hansen,personal diary), pp. 10-11.3878 P1290 (Survey report by Marker Hansen, 20 September 1995), p. 7; P1292 (Stig Marker Hansen,personal diary), p. 11.3879 P1292 (Stig Marker Hansen, personal diary), pp. 15, 17.3880 P127 (UNMO Sector South daily situation report, 7 p.m., 25 August 1995), p. 5.3881 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, 173882 P417 (Peter Marti, witness statement, 14 December 2007), paras 61, 75; Peter Marti, T. 4615-4617;D391 (Summary of humanitarian violations from HQ Sector South daily situation reports, 7 August-8September 1995), p. 18.3883P20 (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, 1312,1325.3884 P20 (Edward Flynn, witness statement, 29 June 1997), p. 36.532Case No.: IT-06-90-T 15 April 2011 `

38782into trucks with Šibenik licence plates. 3886 Between 9:30 a.m. and 1 p.m. on 4September 1995, UNMO observed two burning houses in Zvjernac and Biskupija, bothin Orlić municipality. 3887 On 7 September 1995, Flynn saw in Orlić numerous vehicles,many without licence plates, which civilians or persons in military uniform drove fromhouse to house, loading property. 3888 At 11:26 a.m. on 20 September 1995, UNMOobserved Croatian firemen extinguishing a burning house in Biskupija. 3889 According toa UNCIVPOL daily situation report, dated 29 September 1995, on 27 September 1995 aUNCIVPOL patrol team observed two HV soldiers loot a house in Biskupija. 38901025. The Trial Chamber has further considered the evidence of Vesela Damjanić,reviewed in chapter 4.2.15 (Vrbnik).1026. Mainly based on the evidence of Liborius, Hendriks, and Marker Hansen, theTrial Chamber finds that on 9 August 1995, around 2:30 p.m., in Biskupija, five armedpersons in camouflage uniform bearing insignia of the 7th Guards Brigade tookunspecified items away and set around ten houses alight. Considering this and that thevehicles the armed persons had with them also bore insignia of the 7th Guards Brigade,the Trial Chamber find that they were members of the HV 7th Guards Brigade.Considering that the population of Biskupija was almost entirely Serb in 1991, the TrialChamber finds that the majority if not all of the objects taken and of the houses burntwere owned or inhabited by Krajina Serbs. The Trial Chamber will further considerthese incidents in relation to Counts 1, 4, and 5 of the Indictment in chapters 5.5.2,5.6.2, and 5.8.2 (f) and (g) below.1027. Based on Urukalo’s testimony, the Trial Chamber is satisfied that in thefollowing days after the arrival of persons referred to as soldiers in her village, personssimilarly referred to as soldiers carried away all types of property including dishes fromhouses in Biskupija. The Trial Chamber considers that these events occurred around 5or 6 August or 12 or 13 August 1995. Based on the description of the persons taking theproperty as soldiers, the Trial Chamber is satisfied that they wore military-typeuniforms. Lacking a more concrete time indication for these acts of appropriation, this3885 P20 (Edward Flynn, witness statement, 29 June 1997), pp. 36-37.3886 P21 (Edward Flynn, witness statement, 26-27 February 2008), para. 29; P36 (HRAT daily report, 2-4September 1995), p. 3.3887 P141 (UNMO Sector South daily situation report, 8 p.m., 4 September 1995), p. 4.3888 P21 (Edward Flynn, witness statement, 26-27 February 2008), para. 32; P37 (HRAT daily report, 7September 1995), p. 1.3889 P155 (UNMO Sector South daily situation report, 8 p.m., 20 September 1995), p. 3.533Case No.: IT-06-90-T 15 April 2011 `

38783ten elderly Croat civilians watched them. ECMM left when the situation became tenseand the men continued s<strong>et</strong>ting houses on fire. 3875 According to the witness’s diary, on 12August 1995 he saw houses being s<strong>et</strong> <strong>al</strong>ight in a series of villages south of Biskupija. 3876At 11:25 a.m. on 12 August 1995, the witness visited Biskupija to check on the housesof relatives of his friends, and saw that they appeared looted. 3877 The witness <strong>al</strong>so sawbodies of cattle, dogs, and pigs strewn around, with a strong stench developing in theheat. 3878 On 10 September 1995 the witness visited two houses in Biskupija belongingto relatives of his friends and found that most belongings, including the toil<strong>et</strong> andkitchen units, had been taken with only a little wine in the cellar, a few clothes, andother things that had been destroyed, remaining. 38791024. Other internation<strong>al</strong> observers made observations relevant to the late August andSeptember 1995. At 4:50 p.m. on 25 August 1995, UNMO observed one burning housein Biskupija. 3880 P<strong>et</strong>er Marti, an UNMO and later a member of HRAT in Sector Southfrom 19 June to 27 November 1995, 3881 testified that on 26 August 1995, Major Michieand the witness went on patrol in, inter <strong>al</strong>ia, Biskupija and saw that six houses wereburned, five houses partly burned, and 27 houses that had been looted. 3882 EdwardFlynn, a Human Rights Officer with the Office of the UNHCHR and the leader of oneof the HRATs in the former Sector South from 7 August to mid-September 1995, 3883stated that around 1 September 1995, Flynn visited a family near Biskupija whichreported that someone had shot a hole through the lock of their house the previousnight. 3884 Flynn observed a bull<strong>et</strong> hole in the lock, and found five dead pigs and a deaddog in the barn. 3885 On 3 September 1995, Flynn saw two houses and barns ablaze inBiskupija, and HV soldiers approximately one kilom<strong>et</strong>re away loading pigs and cows3875 P1290 (Survey report by Marker Hansen, 20 September 1995), p. 6.3876 P1292 (Stig Marker Hansen, person<strong>al</strong> diary), pp. 10-11.3877 P1290 (Survey report by Marker Hansen, 20 September 1995), p. 7; P1292 (Stig Marker Hansen,person<strong>al</strong> diary), pp. 10-11.3878 P1290 (Survey report by Marker Hansen, 20 September 1995), p. 7; P1292 (Stig Marker Hansen,person<strong>al</strong> diary), p. 11.3879 P1292 (Stig Marker Hansen, person<strong>al</strong> diary), pp. 15, 17.3880 P127 (UNMO Sector South daily situation report, 7 p.m., 25 August 1995), p. 5.3881 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, 173882 P417 (P<strong>et</strong>er Marti, witness statement, 14 December 2007), paras 61, 75; P<strong>et</strong>er Marti, T. 4615-4617;D391 (Summary of humanitarian violations from HQ Sector South daily situation reports, 7 August-8September 1995), p. 18.3883P20 (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, 1312,1325.3884 P20 (Edward Flynn, witness statement, 29 June 1997), p. 36.532Case No.: IT-06-90-T 15 April 2011 `

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