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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38777group from looting, but this did not stop “all the others” from taking what theywanted. 39071039. According to a Split MD operations diary covering the period between 25 July1995 and 14 September 1995, on 8 August 1995 the 6th Home Guard Regiment was inthe area of the villages of Zvjerinac, Markovac, Manojlovići, Turići, Bajanove Staje andMiloševe Drage. On 8 August 1995 at 11:25 a.m., the 7th Guards Brigade waspositioned in Crveni Kukovi, and by 3:15 p.m. on the same day they had reached theGola Glava position, Šibenik, and by 10:40 p.m. had reached Lipov Vrh therebycarrying out their planned task. 39081040. In addition to the above evidence, the Trial Chamber has considered D180reviewed in chapter 4.1.9 (Jovica Plavša - Further Clarification no. 126).1041. The Trial Chamber finds that a few days after 5 August 1995, persons referred toas soldiers entered the house of Petar Čolović, a Serb, in Čolovići in Orlić municipality,and took his radio, video cassette recorder, and television. These persons were wearingcamouflage uniforms and military boots with the Croatian checkerboard insignia ontheir left upper arms, and were armed with knives, pistols and automatic weapons. Someof them were also wearing dark headbands or military baseball caps. Over the next fewdays, some of these persons also took a water heater, a bathtub and other items fromPetar Čolović’s house, and rounded up his livestock and loaded them onto severalmilitary trucks parked in his yard.1042. According to Petar Čolović, in the days following 5 August 1995, the samepersons looted the other houses in Čolovići in Orlić municipality. Based on thisevidence, the Trial Chamber finds that these persons took unidentified items away fromhouses in Čolovići. The Trial Chamber further notes the evidence of Petar Čolović thaton occasion while this was taking place, someone Čolović referred to as a leader wouldstop a particular group of the persons referred to as soldiers from looting. The evidencedoes not allow the Trial Chamber to draw any conclusions with regard to whether theproperty in Čolovići, with the exception of Petar Čolović’s property, was owned orinhabited by Krajina Serbs.3907 P631 (Petar Čolović, witness statements), witness statement of 3 September 2003, para. 6.3908 P71 (Split MD operations diary, 25 July 1995 – 14 September 1995), pp. 91-92.538Case No.: IT-06-90-T 15 April 2011 `

387761043. The Trial Chamber notes the evidence that the 7th Guards Brigade were in thevicinity of Čolovići on 5 August 1995, and that on 8 August 1995 the 6th Home GuardRegiment were in the vicinity of Čolovići. Further, given Petar Čolović’s description ofthe uniforms worn by the perpetrators, combined with the fact that they were armed,driving military trucks, that certain groups appeared to have a leader and considering thefact that one of the perpetrators referred to Čolović’s mother as “Chetnik”, the TrialChamber finds that they were members of the Croatian military forces or Special Police.Therefore, the Trial Chamber will further consider these incidents in relation to Counts1 and 4 of the Indictment in chapters 5.6.2 and 5.8.2 (f) below.Kaldrma1044. The Trial Chamber has received evidence with regard to alleged destruction inKaldrma in Orlić municipality through two UNMO reports. According to one, at 10a.m. on 19 August 1995, UNMO observed one Croatian policeman and one civilianwith a notebook walking around a house in Kaldrma. At 11 a.m., UNMO returned to thehouse and observed that it was burning. 3909 According to the other UNMO report, on 19August 1995, UNMO observed that all of Kaldrma had been burnt, except for one housein front of which there was a group of Croatians consisting of four policemen and onecivilian who appeared to be in charge. When UNMO passed by again one hour later,they saw that the house was burning but they no longer saw the policemen and thecivilian. 39101045. Despite inconsistencies the Trial Chamber finds that the two UNMO reportsrefer to the same incident. By 19 August 1995, almost the entire village of Kaldrma hadbeen burnt. At 10 a.m., outside of the only house which was still intact, an UNMOpatrol observed four persons referred to as Croatian police officers and one civilian,who appeared to be in charge. At 11 a.m. the same house was on fire. The TrialChamber finds that at least this house was set alight by these persons. Given UNMO’sdescription of some of these persons as police officers, the Trial Chamber finds theywore police-type uniforms. Considering the date and location of these events and thatthese persons wore police-type uniforms, the Trial Chamber finds that they weremembers of the Croatian civilian police. The evidence does not allow the Trial Chamber3909 P123 (UNMO Sector South daily situation report, 7 p.m., 19 August 1995), p. 4.539Case No.: IT-06-90-T 15 April 2011 `

387761043. The Tri<strong>al</strong> Chamber notes the evidence that the 7th Guards Brigade were in thevicinity of Čolovići on 5 August 1995, and that on 8 August 1995 the 6th Home GuardRegiment were in the vicinity of Čolovići. Further, given P<strong>et</strong>ar Čolović’s description ofthe uniforms worn by the perp<strong>et</strong>rators, combined with the fact that they were armed,driving military trucks, that certain groups appeared to have a leader and considering thefact that one of the perp<strong>et</strong>rators referred to Čolović’s mother as “Ch<strong>et</strong>nik”, the Tri<strong>al</strong>Chamber finds that they were members of the Croatian military forces or Speci<strong>al</strong> Police.Therefore, the Tri<strong>al</strong> Chamber will further consider these incidents in relation to Counts1 and 4 of the Indictment in chapters 5.6.2 and 5.8.2 (f) below.K<strong>al</strong>drma1044. The Tri<strong>al</strong> Chamber has received evidence with regard to <strong>al</strong>leged destruction inK<strong>al</strong>drma in Orlić municip<strong>al</strong>ity through two UNMO reports. According to one, at 10a.m. on 19 August 1995, UNMO observed one Croatian policeman and one civilianwith a notebook w<strong>al</strong>king around a house in K<strong>al</strong>drma. At 11 a.m., UNMO r<strong>et</strong>urned to thehouse and observed that it was burning. 3909 According to the other UNMO report, on 19August 1995, UNMO observed that <strong>al</strong>l of K<strong>al</strong>drma had been burnt, except for one housein front of which there was a group of Croatians consisting of four policemen and onecivilian who appeared to be in charge. When UNMO passed by again one hour later,they saw that the house was burning but they no longer saw the policemen and thecivilian. 39101045. Despite inconsistencies the Tri<strong>al</strong> Chamber finds that the two UNMO reportsrefer to the same incident. By 19 August 1995, <strong>al</strong>most the entire village of K<strong>al</strong>drma hadbeen burnt. At 10 a.m., outside of the only house which was still intact, an UNMOpatrol observed four persons referred to as Croatian police officers and one civilian,who appeared to be in charge. At 11 a.m. the same house was on fire. The Tri<strong>al</strong>Chamber finds that at least this house was s<strong>et</strong> <strong>al</strong>ight by these persons. Given UNMO’sdescription of some of these persons as police officers, the Tri<strong>al</strong> Chamber finds theywore police-type uniforms. Considering the date and location of these events and thatthese persons wore police-type uniforms, the Tri<strong>al</strong> Chamber finds that they weremembers of the Croatian civilian police. The evidence does not <strong>al</strong>low the Tri<strong>al</strong> Chamber3909 P123 (UNMO Sector South daily situation report, 7 p.m., 19 August 1995), p. 4.539Case No.: IT-06-90-T 15 April 2011 `

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