Gotovina et al Judgement Volume I - ICTY

Gotovina et al Judgement Volume I - ICTY Gotovina et al Judgement Volume I - ICTY

12.07.2015 Views

38755village, Čolovići, Kaldrma, Kosovo village, Ramljane, Uzdolje and Vrbnik, all in Orlićmunicipality, has been dealt with separately in 4.1.15 (Stevo Berić and others -Schedule no. 7) and 4.2.15 Orlić municipality. The remainder of the evidence relating toplunder and destruction along this road is considered here. The Trial Chamber hascarefully compared the evidence below to the evidence relating to the specific villagesas mentioned above and is satisfied that there is no overlap in the evidence which wouldlead to an arbitrary plurality of findings on the same incident.1093. The Trial Chamber has received evidence relating to alleged destruction andplunder along the Knin-Drniš road primarily through the testimonies of Philip Berikoff,John Hill, Murray Dawes, and Alun Roberts. The Knin-Drniš road is situated in Knin,Orlić, and Drniš municipalities. According to the 1991 Population Census, the villagesalong this road which include Ramljane (559 Serbs out of a total of 569 persons),Uzdolje (766 Serbs out of a total of 767 persons), Vrbnik (1,309 Serbs out of a total of1,332 persons), Zjverinac (290 Serbs out of a total of 344 persons) and Tepljuh (360Serbs out of a total of 433 persons) were predominately Serb in 1991, with theexception of Siverić (97 Serbs out of a total of 992), which was predominately Croat in1991. 40351094. John Hill, Commanding Officer of the International Military Police in SectorSouth from early June 1995 to 8 December 1995, 4036 testified that in the morning of 8August 1995, he, Tremblay, and Berikoff drove from Knin to Drniš. 4037 In a smallvillage, along the road to Drniš, Hill saw Croatian tanks. 4038 From the car, Hill also saw“systematic” looting, i.e. civilian police was directing traffic and standing by whileother civilian policemen, with light blue shirts and grey pants, and civilians were lootinghomes and loading animals onto trailers. 4039 He saw people showing up with vehiclesand trailers and walking out of houses with televisions, stereos, and food, and puttingthings that they found in the houses in their cars, on top of their cars, and in trailers. 40404035 C5 (State Bureau of Statistics Population Census of 1991, National Structure of the Population ofCroatia According to Settlement), pp. 74, 110.4036 P291 (John Hill, witness statement, 23 August 1996), p. 2; P292 (John Hill, witness statement, 21January 1998), pp. 3, 93; P293 (John Hill, witness statement, 2 November 1999), p. 3.4037 P292 (John Hill, witness statement, 21 January 1998), p. 30; John Hill, T. 3763, 3782-3783; P301(UNCRO military police report, 4-7 August 1995), p. 5; P307 (Map of routes taken by John Hill on histravels after Operation Storm); D274 (John Hill’s diary, entries from 5-13 August 1995), p. 3.4038 P292 (John Hill, witness statement, 21 January 1998), p. 30.4039 P292 (John Hill, witness statement, 21 January 1998), pp. 30-31; John Hill, T. 3763; D274 (JohnHill’s diary, entries from 5-13 August 1995), p. 3.4040 P292 (John Hill, witness statement, 21 January 1998), p. 31.560Case No.: IT-06-90-T 15 April 2011 `

38754He also saw a civilian policeman loading horses from a house onto the back of atruck. 4041 Hill further testified that along the road, most of the houses were destroyed orburned but that there were no signs of fighting and that a week earlier they wereintact. 4042 The route he had taken was a 45-50-minute drive and they drove 60-70kilometres per hour. Once in Drniš, Hill did not see as much damage as he did on theroad towards it. 4043 Hill testified that on the way back from Drniš to Knin, they werestopped at a check-point outside Drniš, but after mentioning the name of Ivan Jurić, theywere allowed through. 4044 Hill testified that on 19 August 1995, he and two of his menwent to Drniš to collect a stolen UN bulldozer of high value but were not allowed totake it back by the local military police. 40451095. Murray Dawes, a former civilian UN accommodation officer stationed in Kninmunicipality from May 1994 to October 1995, 4046 testified that on 8 August 1995, heand a convoy of three UN water trucks drove south in the direction of Drniš. 4047 Alongthe main road, there were a lot of HV soldiers, and various check-points overseen by theCroatian military. They appeared to Dawes to be “well disciplined and well dressed.”All of the soldiers wore black uniforms, with flack jackets and berets. 4048 From whatDawes remembered, their vehicles were coloured differently from normal HV units’,but they had license plates starting with “HV” which indicated that they were stillmilitary vehicles. 4049 On the way from Knin to Drniš, HV soldiers in black uniforms,many of whom spoke good English, stopped the witness and his convoy five or sixtimes for ID checks. 4050 At one of the check-points, the soldier who stopped the witnesscalled for another individual, whose demeanor suggested to the witness that he was of ahigher rank and who spoke to the witness and then granted him permission to travelalong the road. 4051 Looking past the check-points and to the sides of the road, thewitness saw uniformed HV soldiers systematically removing items from houses and4041 P292 (John Hill, witness statement, 21 January 1998), pp. 30-31; John Hill, T. 3763.4042 P292 (John Hill, witness statement, 21 January 1998), pp. 30, 35-36; John Hill, T. 3763.4043 P292 (John Hill, witness statement, 21 January 1998), p. 36.4044 P292 (John Hill, witness statement, 21 January 1998), pp. 34-35.4045 P292 (John Hill, witness statement, 21 January 1998), pp. 87-88.4046 P980 (Murray Dawes, witness statement, 22 August 1996), pp. 1-2.4047 P980 (Murray Dawes, witness statement, 22 August 1996), p. 10; Murray Dawes, T. 10406, 10414-10415.4048 P980 (Murray Dawes, witness statement, 22 August 1996), p. 10.4049 P980 (Murray Dawes, witness statement, 22 August 1996), p. 10; Murray Dawes, T. 10407.4050 P980 (Murray Dawes, witness statement, 22 August 1996), p. 10; P981 (Murray Dawes, witnessstatement, 2 April 2008), para. 33; Murray Dawes, T. 10406.4051 Murray Dawes, T. 10407.561Case No.: IT-06-90-T 15 April 2011 `

38754He <strong>al</strong>so saw a civilian policeman loading horses from a house onto the back of atruck. 4041 Hill further testified that <strong>al</strong>ong the road, most of the houses were destroyed orburned but that there were no signs of fighting and that a week earlier they wereintact. 4042 The route he had taken was a 45-50-minute drive and they drove 60-70kilom<strong>et</strong>res per hour. Once in Drniš, Hill did not see as much damage as he did on theroad towards it. 4043 Hill testified that on the way back from Drniš to Knin, they werestopped at a check-point outside Drniš, but after mentioning the name of Ivan Jurić, theywere <strong>al</strong>lowed through. 4044 Hill testified that on 19 August 1995, he and two of his menwent to Drniš to collect a stolen UN bulldozer of high v<strong>al</strong>ue but were not <strong>al</strong>lowed totake it back by the loc<strong>al</strong> military police. 40451095. Murray Dawes, a former civilian UN accommodation officer stationed in Kninmunicip<strong>al</strong>ity from May 1994 to October 1995, 4046 testified that on 8 August 1995, heand a convoy of three UN water trucks drove south in the direction of Drniš. 4047 Alongthe main road, there were a lot of HV soldiers, and various check-points overseen by theCroatian military. They appeared to Dawes to be “well disciplined and well dressed.”All of the soldiers wore black uniforms, with flack jack<strong>et</strong>s and ber<strong>et</strong>s. 4048 From whatDawes remembered, their vehicles were coloured differently from norm<strong>al</strong> HV units’,but they had license plates starting with “HV” which indicated that they were stillmilitary vehicles. 4049 On the way from Knin to Drniš, HV soldiers in black uniforms,many of whom spoke good English, stopped the witness and his convoy five or sixtimes for ID checks. 4050 At one of the check-points, the soldier who stopped the witnessc<strong>al</strong>led for another individu<strong>al</strong>, whose demeanor suggested to the witness that he was of ahigher rank and who spoke to the witness and then granted him permission to travel<strong>al</strong>ong the road. 4051 Looking past the check-points and to the sides of the road, thewitness saw uniformed HV soldiers systematic<strong>al</strong>ly removing items from houses and4041 P292 (John Hill, witness statement, 21 January 1998), pp. 30-31; John Hill, T. 3763.4042 P292 (John Hill, witness statement, 21 January 1998), pp. 30, 35-36; John Hill, T. 3763.4043 P292 (John Hill, witness statement, 21 January 1998), p. 36.4044 P292 (John Hill, witness statement, 21 January 1998), pp. 34-35.4045 P292 (John Hill, witness statement, 21 January 1998), pp. 87-88.4046 P980 (Murray Dawes, witness statement, 22 August 1996), pp. 1-2.4047 P980 (Murray Dawes, witness statement, 22 August 1996), p. 10; Murray Dawes, T. 10406, 10414-10415.4048 P980 (Murray Dawes, witness statement, 22 August 1996), p. 10.4049 P980 (Murray Dawes, witness statement, 22 August 1996), p. 10; Murray Dawes, T. 10407.4050 P980 (Murray Dawes, witness statement, 22 August 1996), p. 10; P981 (Murray Dawes, witnessstatement, 2 April 2008), para. 33; Murray Dawes, T. 10406.4051 Murray Dawes, T. 10407.561Case No.: IT-06-90-T 15 April 2011 `

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