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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38781incident can neither be linked up with sufficient certainty with the incident on 9 August1995 nor with other evidence on troop presence in or around the village. The TrialChamber is therefore unable to draw any conclusions regarding the identity or affiliationof the alleged perpetrators. Under these circumstances, the Trial Chamber will notfurther consider this incident in relation to Counts 1 and 4 of the Indictment.1028. Relying on the evidence by Flynn, the Trial Chamber finds that on 3 September1995, two houses and barns were ablaze in Biskupija, and that persons referred to as HVsoldiers approximately one kilometre away were loading cattle into trucks. Theevidence does not establish that these persons were involved in the burnings. Hence, theevidence is insufficient as to the circumstances under which and by whom the housesand barns were set on fire. Under these circumstances, the Trial Chamber will notfurther consider these incidents in relation to Counts 1, 4, and 5 of the Indictment.1029. The evidence indicates that something was on fire in Biskupija on or around 13August 1995, and that at least one house was burning in Biskupija at the followingtimes: 25 August 1995 around 4:50 p.m.; 4 September 1995 between 9:30 a.m. and 1p.m.; and 20 September 1995 around 11:30 a.m. Marker Hansen and Marti alsoobserved traces of looting, results of burnings and dead animals on 12 and 26 Augustand 10 September 1995. There is no evidence as to the circumstances under which andby whom items were taken, the structures were set on fire, and the animals killed.Therefore, the Trial Chamber will not further consider these incidents in relation toCounts 1, 4, and 5 of the Indictment.1030. The evidence indicates that on 27 September 1995 two persons referred to as HVsoldiers were looting a house in Biskupija, which the Trial Chamber understands tomean that they were taking unspecified items away. Based on the description of thesepersons as HV soldiers, the Trial Chamber is satisfied that they wore military-typeuniforms. The report does not provide further details as to the factual basis for thequalification as HV. Consequently, the Trial Chamber cannot assess whether thisqualification was made on a proper factual basis. Nor has the Trial Chamber receivedsufficient evidence about which armed forces, if any, were present in or in the vicinityof Biskupija at the time. The Trial Chamber is therefore unable to draw any conclusionsregarding the identity or affiliation of the alleged perpetrators. Under these3890 P267 (UNCIVPOL daily situation report, 29 September 1995), p. 4.534Case No.: IT-06-90-T 15 April 2011 `

38780circumstances, the Trial Chamber will not further consider this incident in relation toCounts 1 and 4 of the Indictment.Čenići1031. The Trial Chamber has received evidence with regard to alleged destruction andlooting in Čenići village, Orlić municipality, primarily through the testimonies of PeterMarti, Edward Flynn, and through international reports.1032. Peter Marti, an UNMO and later a member of HRAT in Sector South from 19June to 27 November 1995, 3891 testified that on 10 August 1995, he passed throughČenići village, Orlić municipality, en route from Vrbnik to Drniš and saw the wholevillage on fire and a group of 15-20 Croatian soldiers standing with their vehiclesoutside a row of burning houses. 38921033. Edward Flynn, a Human Rights Officer with the Office of the UNHCHR andthe leader of one of the HRATs in the former Sector South from 7 August to mid-September 1995, 3893 testified that on 13 August 1995, he spoke with eleven remainingelderly villagers in Čenici, Orlić municipality, some of whom told him that HV soldiershad burned a building, and Flynn saw that several buildings had burned. 3894 Thevillagers were very emotional and started crying upon seeing the UN personnel. Awoman stated that she had been beaten by “invading HV soldiers”, while one couplereported that HV soldiers had told them that their son, who was an SVK soldier, hadbeen captured and was in Šibenik. Another family stated that when the HV soldiersarrived, they set their house on fire. As the wife was paralyzed and could not leave thehouse, her husband dragged her out by her legs. 38953891 P415 (Peter Marti, witness statement, 13 February 1996), pp. 1-2; P416 (Peter Marti, witnessstatement, 29 June 1997), pp. 1, 6; P417 (Peter Marti, witness statement, 14 December 2007), paras 1, 5,9, 17.3892 P415 (Peter Marti, witness statement, 13 February 1996), p. 4; P416 (Peter Marti, witness statement,29 June 1997), pp. 5-6; P417 (Peter Marti, witness statement, 14 December 2007), para. 42.3893P20 (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, 1312,1325.3894 P21 (Edward Flynn, witness statement, 26-27 February 2008), para. 13; Edward Flynn, T. 1118-1120;P24 (Map of Sector South with marked locations); P42 (HRAT daily report, 14 August 1995), p. 2.3895 P21 (Edward Flynn, witness statement, 26-27 February 2008), para. 13; P42 (HRAT daily report, 14August 1995), p. 2.535Case No.: IT-06-90-T 15 April 2011 `

38780circumstances, the Tri<strong>al</strong> Chamber will not further consider this incident in relation toCounts 1 and 4 of the Indictment.Čenići1031. The Tri<strong>al</strong> Chamber has received evidence with regard to <strong>al</strong>leged destruction andlooting in Čenići village, Orlić municip<strong>al</strong>ity, primarily through the testimonies of P<strong>et</strong>erMarti, Edward Flynn, and through internation<strong>al</strong> reports.1032. P<strong>et</strong>er Marti, an UNMO and later a member of HRAT in Sector South from 19June to 27 November 1995, 3891 testified that on 10 August 1995, he passed throughČenići village, Orlić municip<strong>al</strong>ity, en route from Vrbnik to Drniš and saw the wholevillage on fire and a group of 15-20 Croatian soldiers standing with their vehiclesoutside a row of burning houses. 38921033. Edward Flynn, a Human Rights Officer with the Office of the UNHCHR andthe leader of one of the HRATs in the former Sector South from 7 August to mid-September 1995, 3893 testified that on 13 August 1995, he spoke with eleven remainingelderly villagers in Čenici, Orlić municip<strong>al</strong>ity, some of whom told him that HV soldiershad burned a building, and Flynn saw that sever<strong>al</strong> buildings had burned. 3894 Thevillagers were very emotion<strong>al</strong> and started crying upon seeing the UN personnel. Awoman stated that she had been beaten by “invading HV soldiers”, while one couplereported that HV soldiers had told them that their son, who was an SVK soldier, hadbeen captured and was in Šibenik. Another family stated that when the HV soldiersarrived, they s<strong>et</strong> their house on fire. As the wife was par<strong>al</strong>yzed and could not leave thehouse, her husband dragged her out by her legs. 38953891 P415 (P<strong>et</strong>er Marti, witness statement, 13 February 1996), pp. 1-2; P416 (P<strong>et</strong>er Marti, witnessstatement, 29 June 1997), pp. 1, 6; P417 (P<strong>et</strong>er Marti, witness statement, 14 December 2007), paras 1, 5,9, 17.3892 P415 (P<strong>et</strong>er Marti, witness statement, 13 February 1996), p. 4; P416 (P<strong>et</strong>er Marti, witness statement,29 June 1997), pp. 5-6; P417 (P<strong>et</strong>er Marti, witness statement, 14 December 2007), para. 42.3893P20 (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, 1312,1325.3894 P21 (Edward Flynn, witness statement, 26-27 February 2008), para. 13; Edward Flynn, T. 1118-1120;P24 (Map of Sector South with marked locations); P42 (HRAT daily report, 14 August 1995), p. 2.3895 P21 (Edward Flynn, witness statement, 26-27 February 2008), para. 13; P42 (HRAT daily report, 14August 1995), p. 2.535Case No.: IT-06-90-T 15 April 2011 `

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