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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38739(Mrs Milanovika) from Gračac to Knin, where she received treatment for bullet woundsto the face and head. 41111125. Based on the number of similarities, the Trial Chamber concludes that theUNCRO reports refer to the same incident as described by Steenbergen. The evidenceindicates that the woman found near Dobrić sustained serious injuries to her head,caused by gunshots, on or before 11 August 1995. The Trial Chamber has, however,received no evidence about exactly when and under which circumstances she sustainedthese injuries, nor about who caused them. In the absence of such evidence, the TrialChamber will not further consider this incident in relation to Counts 1, 8, and 9 of theIndictment.Woman in Mala Popina1126. The Trial Chamber has received evidence with regard to the alleged rape of awoman in Mala Popina through the testimonies of Laila Malm and AlexanderTchernetsky, as well as one UNCIVPOL report.1127. Whilst on patrol in Mala Popina, Gračac municipality, UNCIVPOL, includingLaila Malm, met a Serb woman who told them that on 26 August 1995, three Croatiansoldiers came to her house, threatened her with knives and machine guns, and then allthree raped her, telling her afterwards that if she told anyone about the rape she wouldpay for it. 4112 The soldiers also assaulted the woman’s mother. 4113 The woman toldMalm that the soldiers were dressed in military uniforms and were from the NationalGuards. 4114 The woman had informed the police in Gračac about the incident. 4115Alexander Tchernetsky, an UNMO in Croatia from 20 June 1995 until December1995, 4116 was on patrol through the village of Mala Popina, in Gračac municipality,when he learned from villagers that a woman had been raped by four Croatian soldiers4111 P363 (UNCRO Sector South daily situation report, 8:30 p.m., 11 August 1995), p. 3; P364 (UNCROSector South daily situation report, 8:30 p.m., 12 August 1995), p. 4.4112 P774 (Laila Malm, witness statement, 30 July 2008, corrected 4 September 2008), para. 15, p. 15;P782 (UNCIVPOL incident report, S05-95-147, 16 September 1995), pp. 1-2.4113 P774 (Laila Malm, witness statement, 30 July 2008, corrected 4 September 2008), para. 15; P782(UNCIVPOL incident report, S05-95-147, 16 September 1995), p. 2.4114 P774 (Laila Malm, witness statement, 30 July 2008, corrected 4 September 2008), para. 15, p. 15;P782 (UNCIVPOL incident report, S05-95-147, 16 September 1995), p. 2.4115 Laila Malm, T. 8162; P782 (UNCIVPOL incident report, S05-95-147, 16 September 1995), p. 2.4116 P204 (Alexander Tchernetsky, witness statement, 18 May 2002), pp. 1-2; Alexander Tchernetsky, T.3204, 3221.576Case No.: IT-06-90-T 15 April 2011 `

38738during Operation Storm and that she needed medical assistance. 4117 The alleged victimof the rape refused to talk about the incident with the witness. The woman refused to goto a hospital, so the witness had a doctor and a nurse come to visit her, and he visitedher on later occasions over the course of which he observed that she was “gettingbetter”. 41181128. Based on a number of similarities, the Trial Chamber concludes that the twoaccounts above refer to the same incident. The evidence indicates that on 26 August1995 in Mala Popina three armed persons in military uniform raped a Serb woman. Thevictim also told UNCIVPOL that the men were Croatian and from the National Guards.The victim does not provide further details as to the factual basis for this qualification.Consequently, the Trial Chamber cannot assess whether this qualification was made ona proper factual basis. The Trial Chamber notes in this respect the evidence of Theunensreviewed in chapter 3.1.1, according to which the National Guards Corps existed priorto the establishment of the HV and was replaced by the HV. The Trial Chamber hasreceived no other reliable evidence about which armed forces, if any, the allegedperpetrators belonged to. Nor has the Trial Chamber received sufficient evidence aboutwhich armed forces, if any, were present in Mala Popina at the time. The Trial Chamberis therefore unable to draw any conclusions regarding the identity or affiliation of thealleged perpetrators. Accordingly, the Trial Chamber will not further consider thisincident in relation to Counts 1, 8, and 9 of the Indictment.4.3.8 Kistanje municipalityMarko and Ilija Grulović1129. With regard to the alleged ill-treatment of Marko and Ilija Grulović, the TrialChamber has received documentary evidence in the form of UNCIVPOL reports.According to a UNCIVPOL incident report, dated 31 August 1995, Marko and IlijaGrulović from Grulovići hamlet, Kistanje town, who were 74 and 71 years old,respectively, in August 1995, told UNCIVPOL, including Laila Malm, that threeCroatian soldiers had come to their house on 13 August 1995. They further toldUNCIVPOL that they had both been beaten by one of the soldiers called “Stipe” who4117 P204 (Alexander Tchernetsky, witness statement, 18 May 2002), p. 4; P205 (Alexander Tchernetsky,witness statement, 6 December 2007), para. 4; P211 (UNMO team leader map), grid reference WJ 8498.4118 P204 (Alexander Tchernetsky, witness statement, 18 May 2002), p. 4.577Case No.: IT-06-90-T 15 April 2011 `

38739(Mrs Milanovika) from Gračac to Knin, where she received treatment for bull<strong>et</strong> woundsto the face and head. 41111125. Based on the number of similarities, the Tri<strong>al</strong> Chamber concludes that theUNCRO reports refer to the same incident as described by Steenbergen. The evidenceindicates that the woman found near Dobrić sustained serious injuries to her head,caused by gunshots, on or before 11 August 1995. The Tri<strong>al</strong> Chamber has, however,received no evidence about exactly when and under which circumstances she sustainedthese injuries, nor about who caused them. In the absence of such evidence, the Tri<strong>al</strong>Chamber will not further consider this incident in relation to Counts 1, 8, and 9 of theIndictment.Woman in M<strong>al</strong>a Popina1126. The Tri<strong>al</strong> Chamber has received evidence with regard to the <strong>al</strong>leged rape of awoman in M<strong>al</strong>a Popina through the testimonies of Laila M<strong>al</strong>m and AlexanderTchern<strong>et</strong>sky, as well as one UNCIVPOL report.1127. Whilst on patrol in M<strong>al</strong>a Popina, Gračac municip<strong>al</strong>ity, UNCIVPOL, includingLaila M<strong>al</strong>m, m<strong>et</strong> a Serb woman who told them that on 26 August 1995, three Croatiansoldiers came to her house, threatened her with knives and machine guns, and then <strong>al</strong>lthree raped her, telling her afterwards that if she told anyone about the rape she wouldpay for it. 4112 The soldiers <strong>al</strong>so assaulted the woman’s mother. 4113 The woman toldM<strong>al</strong>m that the soldiers were dressed in military uniforms and were from the Nation<strong>al</strong>Guards. 4114 The woman had informed the police in Gračac about the incident. 4115Alexander Tchern<strong>et</strong>sky, an UNMO in Croatia from 20 June 1995 until December1995, 4116 was on patrol through the village of M<strong>al</strong>a Popina, in Gračac municip<strong>al</strong>ity,when he learned from villagers that a woman had been raped by four Croatian soldiers4111 P363 (UNCRO Sector South daily situation report, 8:30 p.m., 11 August 1995), p. 3; P364 (UNCROSector South daily situation report, 8:30 p.m., 12 August 1995), p. 4.4112 P774 (Laila M<strong>al</strong>m, witness statement, 30 July 2008, corrected 4 September 2008), para. 15, p. 15;P782 (UNCIVPOL incident report, S05-95-147, 16 September 1995), pp. 1-2.4113 P774 (Laila M<strong>al</strong>m, witness statement, 30 July 2008, corrected 4 September 2008), para. 15; P782(UNCIVPOL incident report, S05-95-147, 16 September 1995), p. 2.4114 P774 (Laila M<strong>al</strong>m, witness statement, 30 July 2008, corrected 4 September 2008), para. 15, p. 15;P782 (UNCIVPOL incident report, S05-95-147, 16 September 1995), p. 2.4115 Laila M<strong>al</strong>m, T. 8162; P782 (UNCIVPOL incident report, S05-95-147, 16 September 1995), p. 2.4116 P204 (Alexander Tchern<strong>et</strong>sky, witness statement, 18 May 2002), pp. 1-2; Alexander Tchern<strong>et</strong>sky, T.3204, 3221.576Case No.: IT-06-90-T 15 April 2011 `

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