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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387434.3.7 Gračac municipalityBogdan Brkić1116. The Trial Chamber has received evidence with regard to the alleged ill-treatmentof Bogdan Brkić primarily through the testimonies of Bogdan Brkić himself and PeroPerković. Bogdan Brkić, a Serb from Palanka in Gračac municipality who was born in1926, 4096 testified that when the shelling of Knin under Operation Storm began, he hidin the mountains each time he heard a car approach. Early in the morning of 9 August1995, he returned from his hiding place in the mountains to Palanka where he sawDušan Brkić’s corpse in Dušan’s garden. Bogdan Brkić observed one bullet mark on theleft side of Dušan’s corpse. One morning, no later than 12 August 1995, three Croatiansoldiers bearing automatic rifles and dressed in camouflage uniforms appeared atBogdan Brkić’s home. The soldiers grabbed Brkić by his clothes, demanded he givethem money, and then searched his home. After drinking some brandy, one of thesoldiers ordered the others to tie Brkić to a plum tree behind his house, which they did.The soldiers placed an old suit belonging to Brkić and some hay under his feet andignited them. In pain from the fire, Brkić kicked the burning suit away. When thesoldiers untied Brkić, they forcefully took him to his friend’s house in search of hamand when none was discovered returned Brkić to his home. One of the soldiers toldBrkić that they had recently killed Brkić’s neighbour. Brkić understood the soldier’scomment to refer to the killing of Dušan Brkić. 4097 The Trial Chamber has dealt with thealleged murder of Dušan Brkić in chapter 4.1.7 (Dušan Brkić - Further Clarification no.22).1117. Brkić also testified that one morning in the beginning of September 1995, he wasfeeding his pigs in front of his house when a car stopped. Three soldiers exited thevehicle and one of them pointed his pistol at Brkić. The soldiers ordered and led Brkićinto his home, pushed him onto the couch, and began beating Brkić so heavily that theybroke two of his ribs. Then the soldiers searched Brkić’s home and took a radio, onekilogram of coffee, 100 kunas, 20 DEM, and a wrist watch. Before leaving, the soldierskicked Brkić into the stream in front of his house. Several days later, Brkić was taken toKnin hospital by ICRC representatives. He was hospitalized for 15 days. 40984096 P2506 (Bogdan Brkić, witness statement, 21 January 1999), pp. 1-2, 4.4097 P2506 (Bogdan Brkić, witness statement, 21 January 1999), p. 4.4098 P2506 (Bogdan Brkić, witness statement, 21 January 1999), p. 5.572Case No.: IT-06-90-T 15 April 2011 `

387421118. According to a UNCIVPOL report, dated 8 October 1995, Boško Brkić fromPalanka, Gračac municipality, told UNCIVPOL how on or around 20 September 1995,three men in military uniform who had arrived in two civilian cars, took him outside hishouse, poured washing detergent and five kilograms of sugar over his head, pointed agun to his head, and fired a false bullet before throwing him in a river. Following this,the three men told Boško Brkić that they would come back and kill him if he informedthe police, which he nonetheless did. The men also stole 100 kunas and 20 DEM fromBrkić. 40991119. Pero Perković, a Croat from the village of Vodice and a member of the HV 15thHome Guards Regiment prior to, during, and after Operation Storm, 4100 stated that oneday, when he and some others of his regiment were mopping up the terrain in a villagein the area of Zrmanja, in Gračac municipality, they came across an old man calledBogdan Brkić, who told them that he had a son in the Serb army and whom they askedfor weapons. 4101 When Brkić answered that he did not have any weapons, Nikola Rašićtied him to a tree, put cloths around him, and threatened that he would set them on fire ifhe did not admit to having weapons. 4102 Perković saw the man suffering and pleadedwith Rašić to stop, after which someone untied Brkić. 4103 Brkić then promised them acalf. 4104 They told him that they would visit him the following day but when theyarrived Brkić was not there and had left a note that he had left with the lambs and thatthere was no calf. 41051120. Having noted a number of minor discrepancies between the evidence of BogdanBrkić and Pero Perković, the Trial Chamber finds that their accounts of the events are,on the whole, consistent on major points, and finds their evidence reliable. Based on theevidence received, the Trial Chamber finds that on or shortly before 12 August 1995,members of the HV 15th Home Guards Regiment, including Pero Perković and NikolaRašić, wearing camouflage uniforms and bearing automatic rifles, arrived at the homeof Bogdan Brkić, a Serb, in Palanka. The Trial Chamber further finds that one or moreof these soldiers tied Bogdan Brkić to a tree, put some textiles underneath him, and setthem alight, causing him pain. The Trial Chamber will further consider this incident in4099 P797 (UNCIVPOL incident report, S05-95-294, 8 October 1995).4100 Pero Perković, T. 19448, 19451, 19470, 19511, 19527, 19546-19547.4101 Pero Perković, T. 19464-19465, 19492.4102 Pero Perković, T. 19454, 19465, 19490-19491.4103 Pero Perković, T. 19465, 19491.4104 Pero Perković, T. 19465.573Case No.: IT-06-90-T 15 April 2011 `

387434.3.7 Gračac municip<strong>al</strong>ityBogdan Brkić1116. The Tri<strong>al</strong> Chamber has received evidence with regard to the <strong>al</strong>leged ill-treatmentof Bogdan Brkić primarily through the testimonies of Bogdan Brkić himself and PeroPerković. Bogdan Brkić, a Serb from P<strong>al</strong>anka in Gračac municip<strong>al</strong>ity who was born in1926, 4096 testified that when the shelling of Knin under Operation Storm began, he hidin the mountains each time he heard a car approach. Early in the morning of 9 August1995, he r<strong>et</strong>urned from his hiding place in the mountains to P<strong>al</strong>anka where he sawDušan Brkić’s corpse in Dušan’s garden. Bogdan Brkić observed one bull<strong>et</strong> mark on theleft side of Dušan’s corpse. One morning, no later than 12 August 1995, three Croatiansoldiers bearing automatic rifles and dressed in camouflage uniforms appeared atBogdan Brkić’s home. The soldiers grabbed Brkić by his clothes, demanded he giv<strong>et</strong>hem money, and then searched his home. After drinking some brandy, one of thesoldiers ordered the others to tie Brkić to a plum tree behind his house, which they did.The soldiers placed an old suit belonging to Brkić and some hay under his fe<strong>et</strong> andignited them. In pain from the fire, Brkić kicked the burning suit away. When thesoldiers untied Brkić, they forcefully took him to his friend’s house in search of hamand when none was discovered r<strong>et</strong>urned Brkić to his home. One of the soldiers toldBrkić that they had recently killed Brkić’s neighbour. Brkić understood the soldier’scomment to refer to the killing of Dušan Brkić. 4097 The Tri<strong>al</strong> Chamber has de<strong>al</strong>t with the<strong>al</strong>leged murder of Dušan Brkić in chapter 4.1.7 (Dušan Brkić - Further Clarification no.22).1117. Brkić <strong>al</strong>so testified that one morning in the beginning of September 1995, he wasfeeding his pigs in front of his house when a car stopped. Three soldiers exited thevehicle and one of them pointed his pistol at Brkić. The soldiers ordered and led Brkićinto his home, pushed him onto the couch, and began beating Brkić so heavily that theybroke two of his ribs. Then the soldiers searched Brkić’s home and took a radio, onekilogram of coffee, 100 kunas, 20 DEM, and a wrist watch. Before leaving, the soldierskicked Brkić into the stream in front of his house. Sever<strong>al</strong> days later, Brkić was taken toKnin hospit<strong>al</strong> by ICRC representatives. He was hospit<strong>al</strong>ized for 15 days. 40984096 P2506 (Bogdan Brkić, witness statement, 21 January 1999), pp. 1-2, 4.4097 P2506 (Bogdan Brkić, witness statement, 21 January 1999), p. 4.4098 P2506 (Bogdan Brkić, witness statement, 21 January 1999), p. 5.572Case No.: IT-06-90-T 15 April 2011 `

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