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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38773August 1995 in Kosovo in Orlić municipality ECMM observed that the part of thevillage west of the main road was completely burnt. 39251051. 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, 3926 testified that in the evening of 10 August 1995, [he] observed on astretch of road south of Knin towards Drniš burning crops, 35-40 burning houses and atleast two vehicles with fuel cans, fire-axes and similar items at the scenes. 39271052. Bert Dijkstra, an UNMO in Sector South from 14 June 1995 untilapproximately 1 December 1995, 3928 testified that on 10 August 1995, when he was onhis way to Šibenik, he saw men in military clothing firing flares horizontally at what hebelieved were civilian houses with a double-barrel anti-aircraft gun on the western sideof a road parallel to the road from Knin to Drniš. 3929 The gun was mounted on a militarytruck, which had a yellow licence plate and the insignia of the Puma Brigade on theside. 3930 According to the witness, civilian licence plates in Croatia were white withblack letters and the military licence plates were yellow with black letters. 39311053. Alun Roberts, Press and Information Officer for UN Sector South in Knin frommid-September 1993 until about mid-October 1995, 3932 visited the town of Kosovo inOrlić municipality on 15 August 1995, which he found deserted and badly burnt. 3933 Healleged that before the Croatian offensive the Kosovo centre of community had a3925 P1290 (Survey report by Marker Hansen, 20 September 1995), p. 7.3926P20 (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, 1312,1325.3927 P21 (Edward Flynn, witness statement, 26-27 February 2008), para. 8; Edward Flynn, T. 1052; P31(HRAT daily report, 10 August 1995), p. 1; P41 (HRAT daily report, 11 August 1995), p. 2.3928 P428 (Bert Dijkstra, witness statement, 7 December 1995), p. 2; P429 (Bert Dijkstra, witnessstatement, 12 March 2008), para. 2.3929 P429 (Bert Dijkstra, witness statement, 12 March 2008), para. 40; Bert Dijkstra, T. 4765; P432 (Diaryof Bert Dijkstra from 7 to 31 August 1995).3930 P429 (Bert Dijkstra, witness statement, 12 March 2008), para. 40; Bert Dijkstra, T. 4765; P432 (Diaryof Bert Dijkstra from 7 to 31 August 1995).3931 Bert Dijkstra, T. 4765.3932 P675 (Alun Roberts, witness statement, 27 August 1997), p. 1, para. 1; P676 (Alun Roberts, witnessstatement, 31 July 1998), p. 1; P677 (Alun Roberts, witness statement, 28 February 2007), pp. 1-2; P678(Alun Roberts, witness statement, 7 February 2008), p. 1, paras 3-4, 6; P680 (Alun Roberts, witnessstatement, 1 July 2008), p. 1.3933 P680 (Alun Roberts, witness statement, 1 July 2008), para. 6; P684 (Alun Roberts’s report to thepress on HV’s human rights violations in Sector South, 12 October 1995), p. 1.542Case No.: IT-06-90-T 15 April 2011 `

38772population of 1,500 inhabitants. 3934 The Trial Chamber has further considered evidenceby Alun Roberts, reviewed in chapter 4.2.15 (Knin-Drniš road).1054. Siniša Burazer, a member of the 113th HV Brigade, was convicted by the SplitMilitary Court on 25 January 1996 of aggravated theft committed in the village ofKosovo, Orlić municipality, on 2 September 1995. 3935 According to the judgement,Burazer admitted to having committed this crime. Burazer stated that he was aware thatafter the liberation, the area around Knin and especially the areas previously inhabitedby Serbs, were mostly uninhabited. Therefore, he left Šibenik and drove to Knin in hisprivate car, a VW Jetta, which had a trailer attached to it in order to obtain a steamboiler and radiators for central heating in his house. At that time Burazer was wearing aCroatian military uniform. Burazer went to Kosovo village, where he found a newsteam boiler and next to it a set of radiators in front of one of the houses. With the helpof some civilians, he started loading it onto the trailer. At that moment, a VP patrolarrived, arrested Burazer and brought him to the police station in Knin, where the steamboiler and the radiator were confiscated and he was given a receipt. 3936 Burazer alsostated that he was a volunteer of the Homeland War from the very beginning and, apartfrom minor breaks, had been wearing a Croatian military uniform at least until 25January 1996. 3937 Between the date of Burazer’s indictment on 11 November 1995 andthe date of the judgement, Burazer became an active member of the Šibenik Companyof the 72nd VP Battalion Split. 39381055. In addition to the above evidence, the Trial Chamber has considered the evidenceof Philip Berikoff, reviewed in chapter 4.2.1.1056. The evidence of Hansen, Boucher, and Liborius is similar with regard tolocation and date, as well as the appearance, number, equipment, and behaviour of thepersons they observed. The minor discrepancies in their evidence are not contradictory,and could reflect slightly different observations and recollections. Consequently, theTrial Chamber finds that all three witnesses refer to the same incident. Flynn, Robertsand Berikoff provide further corroboration of this evidence. On the basis of their3934 P684 (Alun Roberts’s report to the press on HV’s human rights violations in Sector South, 12 October1995), p. 1.3935 Mladen Bajić, T. 20820-20821; P2609 (Documentation on legal proceedings against Burazer foraggravated theft), pp. 1, 3, 6.3936 P2609 (Documentation on legal proceedings against Burazer for aggravated theft), pp. 4-5.3937 P2609 (Documentation on legal proceedings against Burazer for aggravated theft), pp. 4-6.3938 P2609 (Documentation on legal proceedings against Burazer for aggravated theft), pp. 1, 4-5.543Case No.: IT-06-90-T 15 April 2011 `

38772population of 1,500 inhabitants. 3934 The Tri<strong>al</strong> Chamber has further considered evidenceby Alun Roberts, reviewed in chapter 4.2.15 (Knin-Drniš road).1054. Siniša Burazer, a member of the 113th HV Brigade, was convicted by the SplitMilitary Court on 25 January 1996 of aggravated theft committed in the village ofKosovo, Orlić municip<strong>al</strong>ity, on 2 September 1995. 3935 According to the judgement,Burazer admitted to having committed this crime. Burazer stated that he was aware thatafter the liberation, the area around Knin and especi<strong>al</strong>ly the areas previously inhabitedby Serbs, were mostly uninhabited. Therefore, he left Šibenik and drove to Knin in hisprivate car, a VW J<strong>et</strong>ta, which had a trailer attached to it in order to obtain a steamboiler and radiators for centr<strong>al</strong> heating in his house. At that time Burazer was wearing aCroatian military uniform. Burazer went to Kosovo village, where he found a newsteam boiler and next to it a s<strong>et</strong> of radiators in front of one of the houses. With the helpof some civilians, he started loading it onto the trailer. At that moment, a VP patrolarrived, arrested Burazer and brought him to the police station in Knin, where the steamboiler and the radiator were confiscated and he was given a receipt. 3936 Burazer <strong>al</strong>sostated that he was a volunteer of the Homeland War from the very beginning and, apartfrom minor breaks, had been wearing a Croatian military uniform at least until 25January 1996. 3937 B<strong>et</strong>ween the date of Burazer’s indictment on 11 November 1995 andthe date of the judgement, Burazer became an active member of the Šibenik Companyof the 72nd VP Batt<strong>al</strong>ion Split. 39381055. In addition to the above evidence, the Tri<strong>al</strong> Chamber has considered the evidenceof Philip Berikoff, reviewed in chapter 4.2.1.1056. The evidence of Hansen, Boucher, and Liborius is similar with regard tolocation and date, as well as the appearance, number, equipment, and behaviour of thepersons they observed. The minor discrepancies in their evidence are not contradictory,and could reflect slightly different observations and recollections. Consequently, theTri<strong>al</strong> Chamber finds that <strong>al</strong>l three witnesses refer to the same incident. Flynn, Robertsand Berikoff provide further corroboration of this evidence. On the basis of their3934 P684 (Alun Roberts’s report to the press on HV’s human rights violations in Sector South, 12 October1995), p. 1.3935 Mladen Bajić, T. 20820-20821; P2609 (Documentation on leg<strong>al</strong> proceedings against Burazer foraggravated theft), pp. 1, 3, 6.3936 P2609 (Documentation on leg<strong>al</strong> proceedings against Burazer for aggravated theft), pp. 4-5.3937 P2609 (Documentation on leg<strong>al</strong> proceedings against Burazer for aggravated theft), pp. 4-6.3938 P2609 (Documentation on leg<strong>al</strong> proceedings against Burazer for aggravated theft), pp. 1, 4-5.543Case No.: IT-06-90-T 15 April 2011 `

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