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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387791034. At 1:30 p.m. on 20 August 1995, UNMO observed one house burning andunidentified persons looting livestock and household items in the presence of Croatianpolice in Čenići in Orlić municipality. 38961035. On one occasion, Witness 84, a police officer in Knin, 3897 saw the entire hamletof Čenići on fire and he saw approximately 15-20 Croatian soldiers in camouflageuniforms and three or four military vehicles in the village. 3898 The distance between thewitness and the soldiers was approximately 300 metres. 3899 Soon after the witness hadpassed the village he called his duty officer and told him to contact the military policeand request that they send a patrol to the village. 39001036. Due to several similarities, the Trial Chamber is satisfied that Witness 84 refersto the same incident witnessed by Peter Marti on 10 August 1995. Furthermore, theTrial Chamber has considered firstly, the proximity in time between the events of 10August 1995 and the reporting by the villagers of recent arson on 13 August 1995 toEdward Flynn, secondly, the fact that on 10 August 1995 Peter Marti witnessed thewhole village of Čenići on fire and thirdly, the apparent emotional state of the villagerson 13 August 1995, which the Trial Chamber considers to be indicative of recent traumasuffered. Consequently, the Trial Chamber finds that the burning incident which wasreported to Flynn by a Čenići family also occurred on 10 August 1995. Based on theevidence of Marti and Witness 84, and having considered the events reported by theČenići villagers, the Trial Chamber finds that one or more of the persons seen standingnext to burning houses on 10 August 1995 set those houses on fire. Based on thedescription of the persons in Čenići as Croatian soldiers and HV soldiers, the TrialChamber finds that they wore military-type uniforms. The Trial Chamber hasconsidered the number of uniformed persons and military vehicles on the scene, as wellas the fact that the HV was present on 10 August 1995 in the nearby village of Kosovo(see 4.2.15 Kosovo village) and on the Knin-Drniš Road (see 4.2.15 Knin-Drniš road).On this basis, the Trial Chamber finds that the uniformed persons who torched thehouses were members of the Croatian military forces. The Trial Chamber has receivedno evidence regarding the ethnicity of the persons who owned or inhabited the houses3896 P124 (UNMO Sector South daily situation report, 7 p.m., 20 August 1995), p. 3.3897 P1035 (Witness 84, pseudonym sheet); P2393 (Witness 84, witness statement, 20 November 2007), p.1; P2394 (Witness 84, witness statement, 11 July 2004), p. 1; P2395 (Witness 84, witness statement 9March 2002), pp. 1-3; Witness 84, T. 11061, 11073, 11094, 11101, 11358, 11360.3898 P2395 (Witness 84, witness statement, 9 March 2002), para. 32; Witness 84, T. 11408-11409, 11415.3899 P2395 (Witness 84, witness statement, 9 March 2002), para. 32.536Case No.: IT-06-90-T 15 April 2011 `

38778which were set alight. The Trial Chamber will further consider these incidents in Čenićivillage under Counts 1 and 5 of the Indictment in chapters 5.5.2 and 5.8.2 (g) below.1037. The evidence also indicates that at 1:30 p.m. on 20 August 1995, in Čenići, onehouse was burning and unidentified persons were looting livestock and householditems, which the Trial Chamber understands to mean that these items were taken away.According to an UNMO report, this occurred in the presence of Croatian police.However, the Trial Chamber is unable to draw any conclusions regarding the identity oraffiliation of the alleged perpetrators. Under these circumstances, the Trial Chamberwill not further consider this incident in relation to Counts 1, 4, and 5 of the Indictment.Čolovići1038. The Trial Chamber has received relevant evidence with regard to alleged plunderin Čolovići in Orlić municipality primarily through the testimony of Petar Čolović, aphysically disabled Serb from Čolovići in Orlić municipality. 3901 He stated that a fewdays after 5 August 1995, soldiers entered all the houses in the hamlet in which thewitness lived, including his own. 3902 The soldiers took the witness’s radio, videocassette recorder, and television. Over the next few days, they seized livestock, a waterheater, a bathtub, and more items from the witness’s home. 3903 Čolović observed thesoldiers rounding up his livestock and loading them onto several military trucks parkedin his yard. 3904 He described these soldiers as dressed in camouflage uniforms andwearing military boots and the Croatian checkerboard insignia on their left upper arm.Some of them wore dark headbands and some wore military baseball caps. They werearmed with knives, pistols, and automatic weapons. 3905 One soldier cursed the witness’smother, referring to her as “Chetnik”, and told him to stop crying or the soldier wouldkill him. 3906 According to the witness, the soldiers looted all of the houses in the samemanner as his. On occasion, a leader of a group of soldiers would stop his particular3900 P2395 (Witness 84, witness statement, 9 March 2002), para. 32; Witness 84, T. 11415-11416.3901 P631 (Petar Čolović, witness statements), witness statement of 3 September 2003, p. 1, para. 2; P631(Petar Čolović, witness statements), witness statement of 5 September 2003, p. 1, para. 6.3902 P631 (Petar Čolović, witness statements), witness statement of 3 September 2003, paras 4-5.3903 P631 (Petar Čolović, witness statements), witness statement of 3 September 2003, para. 5.3904 P631 (Petar Čolović, witness statements), witness statement of 3 September 2003, para. 5; P631(Petar Čolović, witness statements), witness statement of 5 September 2003, para. 2.3905 P631 (Petar Čolović, witness statements), witness statement of 5 September 2003, para. 3.3906 P631 (Petar Čolović, witness statements), witness statement of 5 September 2003, para. 4.537Case No.: IT-06-90-T 15 April 2011 `

38778which were s<strong>et</strong> <strong>al</strong>ight. The Tri<strong>al</strong> Chamber will further consider these incidents in Čenićivillage under Counts 1 and 5 of the Indictment in chapters 5.5.2 and 5.8.2 (g) below.1037. The evidence <strong>al</strong>so indicates that at 1:30 p.m. on 20 August 1995, in Čenići, onehouse was burning and unidentified persons were looting livestock and householditems, which the Tri<strong>al</strong> Chamber understands to mean that these items were taken away.According to an UNMO report, this occurred in the presence of Croatian police.However, the Tri<strong>al</strong> Chamber is unable to draw any conclusions regarding the identity oraffiliation of the <strong>al</strong>leged perp<strong>et</strong>rators. Under these circumstances, the Tri<strong>al</strong> Chamberwill not further consider this incident in relation to Counts 1, 4, and 5 of the Indictment.Čolovići1038. The Tri<strong>al</strong> Chamber has received relevant evidence with regard to <strong>al</strong>leged plunderin Čolovići in Orlić municip<strong>al</strong>ity primarily through the testimony of P<strong>et</strong>ar Čolović, aphysic<strong>al</strong>ly disabled Serb from Čolovići in Orlić municip<strong>al</strong>ity. 3901 He stated that a fewdays after 5 August 1995, soldiers entered <strong>al</strong>l the houses in the haml<strong>et</strong> in which thewitness lived, including his own. 3902 The soldiers took the witness’s radio, videocass<strong>et</strong>te recorder, and television. Over the next few days, they seized livestock, a waterheater, a bathtub, and more items from the witness’s home. 3903 Čolović observed thesoldiers rounding up his livestock and loading them onto sever<strong>al</strong> military trucks parkedin his yard. 3904 He described these soldiers as dressed in camouflage uniforms andwearing military boots and the Croatian checkerboard insignia on their left upper arm.Some of them wore dark headbands and some wore military baseb<strong>al</strong>l caps. They werearmed with knives, pistols, and automatic weapons. 3905 One soldier cursed the witness’smother, referring to her as “Ch<strong>et</strong>nik”, and told him to stop crying or the soldier wouldkill him. 3906 According to the witness, the soldiers looted <strong>al</strong>l of the houses in the samemanner as his. On occasion, a leader of a group of soldiers would stop his particular3900 P2395 (Witness 84, witness statement, 9 March 2002), para. 32; Witness 84, T. 11415-11416.3901 P631 (P<strong>et</strong>ar Čolović, witness statements), witness statement of 3 September 2003, p. 1, para. 2; P631(P<strong>et</strong>ar Čolović, witness statements), witness statement of 5 September 2003, p. 1, para. 6.3902 P631 (P<strong>et</strong>ar Čolović, witness statements), witness statement of 3 September 2003, paras 4-5.3903 P631 (P<strong>et</strong>ar Čolović, witness statements), witness statement of 3 September 2003, para. 5.3904 P631 (P<strong>et</strong>ar Čolović, witness statements), witness statement of 3 September 2003, para. 5; P631(P<strong>et</strong>ar Čolović, witness statements), witness statement of 5 September 2003, para. 2.3905 P631 (P<strong>et</strong>ar Čolović, witness statements), witness statement of 5 September 2003, para. 3.3906 P631 (P<strong>et</strong>ar Čolović, witness statements), witness statement of 5 September 2003, para. 4.537Case No.: IT-06-90-T 15 April 2011 `

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