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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38735she observed when working with the relevant UNCIVPOL team. 4127 Witness 136testified that a couple of weeks after having taken shelter in the UN compound, anumber of refugees attempted to return home. Among them were four villagers fromDrpa in Knin municipality, Djurdjica Matković, Milka Drpa (85 years), Dušan Drpa(about 56 years) and Aćim Ćolović. The witness stated that Aćim Ćolović returned tothe UN compound a few days later as HV soldiers had beaten him and destroyed his IDcard issued by Ivan Čermak. Djurdjica Matković, Milka Drpa and Dušan Drpa returnedon 23 August 1995. According to the witness, both Milka Drpa and Dušan Drpa hadbeen beaten up, and Dušan Drpa had a bloody mark on his face. 41281135. In addition to the evidence above, the Trial Chamber has considered evidence ofSøren Liborius reviewed in chapter 6.4.7 in relation to this incident.1136. Based on the evidence, the Trial Chamber finds that in the middle of August1995 two or three persons in camouflage uniforms and referred to as Croatian and HVsoldiers threatened and beat Dušan Drpa (56 years old) in Knin. As a result, Dušan Drpahad bruises on his face and elsewhere on his body. The evidence further indicates thatthese same perpetrators then came to Djuka Drpa’s house where they threatened her andher mother Milica Drpa (83 years old) with death should they refuse to leave theirhome. Additionally, the evidence indicates that Milica was hit twice with a stick by oneof the soldiers. The Trial Chamber finds that Dušan, Djuka, and Milica Drpa were ofSerb ethnicity. The evidence referred to above does not provide further details as to thefactual basis for the qualification of the persons as Croatian or HV. Consequently, theTrial Chamber cannot assess whether this qualification was made on a proper factualbasis. However, in this respect the Trial Chamber recalls the evidence underlying itsfindings in chapter 4.2.9 (Knin town) with regard to alleged destruction and plunder inKnin town. Based on the foregoing, the Trial Chamber finds that the persons weremembers of HV or VP. The Trial Chamber will further consider this incident in relationto Counts 1, 8, and 9 of the Indictment, in chapters 5.7.2 and 5.8.2 (c) below.4127 P3 (Witness 136, witness statement, 11 June 2007), para. 26.4128 P2 (Witness 136, witness statement, 4 July 1996), p. 14.580Case No.: IT-06-90-T 15 April 2011 `

38734Ilija Mirković1137. The Trial Chamber has received evidence with regard to the alleged unlawfuldetention and ill-treatment of Ilija Mirković through the testimony of Mirković himself,a Serb from Kninsko Polje in or near the town of Knin. 4129 He stated that on 7 August1995 two soldiers passed by the witness’s house. 4130 They swore at the witness andescorted him at gunpoint to the building of the elementary school about 100 metres fromhis house. 4131 The witness was beaten by the soldiers, lost consciousness, and woke upin a small room in the school building around 1 p.m. without his wristwatch and belt. 4132He felt pain on his head and a big bump. There were three other Serbs in the room. Menwearing uniforms often entered the room and told the witness and the others to lie onthe floor and not to look up while they walked on their bodies. 4133 After four days, 30-40 Serbs, civilians and military, were brought to the room, which became overcrowded.The following day in the afternoon the witness and the others were put in a bus toZadar. They were tied in pairs and ordered to put their heads on their arms and not tolook up. 4134 During the two-hour trip, they were constantly beaten with batons on theirheads, forced to sing Croatian songs, and, when they stepped out of the bus in Zadar,ordered to kiss the ground. 4135 The witness was held in a basketball hall in Zadar untilapproximately 29 August 1995. All the detainees were interviewed about, amongstother things, involvement in war activity. 4136 When he returned to Knin, the witnessfound his house ransacked. 41371138. The Trial Chamber finds that the events set out by the witness took place in theway he described, including that on 7 August 1995, two persons referred to by him assoldiers, swore at him and escorted him at gunpoint to the elementary school building inKnin where they beat him unconscious. Men wearing uniforms often entered the roomand told the witness and the three other Serbs in the room to lie on the floor and notlook up while the soldiers walked on their bodies. After four days, 30 to 40 Serbs, both4129 P636 (Ilija Mirković, witness statements), 3 September 2003 witness statement, p. 1, para. 1.4130 P636 (Ilija Mirković, witness statements), 3 September 2003 witness statement, paras 7-9.4131 P636 (Ilija Mirković, witness statements), 3 September 2003 witness statement, para. 9; P636 (IlijaMirković, witness statements), 9 September 2003 witness statement, para. 7.4132 P636 (Ilija Mirković, witness statements), 3 September 2003 witness statement, para. 10.4133 P636 (Ilija Mirković, witness statements), 3 September 2003 witness statement, para. 10; P636 (IlijaMirković, witness statements), 9 September 2003 witness statement, para. 8.4134 P636 (Ilija Mirković, witness statements), 3 September 2003 witness statement, para. 11.4135 P636 (Ilija Mirković, witness statements), 3 September 2003 witness statement, paras 11-12.4136 P636 (Ilija Mirković, witness statements), 3 September 2003 witness statement, para. 12.4137 P636 (Ilija Mirković, witness statements), 3 September 2003 witness statement, para. 13.581Case No.: IT-06-90-T 15 April 2011 `

38734Ilija Mirković1137. The Tri<strong>al</strong> Chamber has received evidence with regard to the <strong>al</strong>leged unlawfuld<strong>et</strong>ention and ill-treatment of Ilija Mirković through the testimony of Mirković himself,a Serb from Kninsko Polje in or near the town of Knin. 4129 He stated that on 7 August1995 two soldiers passed by the witness’s house. 4130 They swore at the witness andescorted him at gunpoint to the building of the elementary school about 100 m<strong>et</strong>res fromhis house. 4131 The witness was beaten by the soldiers, lost consciousness, and woke upin a sm<strong>al</strong>l room in the school building around 1 p.m. without his wristwatch and belt. 4132He felt pain on his head and a big bump. There were three other Serbs in the room. Menwearing uniforms often entered the room and told the witness and the others to lie onthe floor and not to look up while they w<strong>al</strong>ked on their bodies. 4133 After four days, 30-40 Serbs, civilians and military, were brought to the room, which became overcrowded.The following day in the afternoon the witness and the others were put in a bus toZadar. They were tied in pairs and ordered to put their heads on their arms and not tolook up. 4134 During the two-hour trip, they were constantly beaten with batons on theirheads, forced to sing Croatian songs, and, when they stepped out of the bus in Zadar,ordered to kiss the ground. 4135 The witness was held in a bask<strong>et</strong>b<strong>al</strong>l h<strong>al</strong>l in Zadar untilapproximately 29 August 1995. All the d<strong>et</strong>ainees were interviewed about, amongstother things, involvement in war activity. 4136 When he r<strong>et</strong>urned to Knin, the witnessfound his house ransacked. 41371138. The Tri<strong>al</strong> Chamber finds that the events s<strong>et</strong> out by the witness took place in theway he described, including that on 7 August 1995, two persons referred to by him assoldiers, swore at him and escorted him at gunpoint to the elementary school building inKnin where they beat him unconscious. Men wearing uniforms often entered the roomand told the witness and the three other Serbs in the room to lie on the floor and notlook up while the soldiers w<strong>al</strong>ked on their bodies. After four days, 30 to 40 Serbs, both4129 P636 (Ilija Mirković, witness statements), 3 September 2003 witness statement, p. 1, para. 1.4130 P636 (Ilija Mirković, witness statements), 3 September 2003 witness statement, paras 7-9.4131 P636 (Ilija Mirković, witness statements), 3 September 2003 witness statement, para. 9; P636 (IlijaMirković, witness statements), 9 September 2003 witness statement, para. 7.4132 P636 (Ilija Mirković, witness statements), 3 September 2003 witness statement, para. 10.4133 P636 (Ilija Mirković, witness statements), 3 September 2003 witness statement, para. 10; P636 (IlijaMirković, witness statements), 9 September 2003 witness statement, para. 8.4134 P636 (Ilija Mirković, witness statements), 3 September 2003 witness statement, para. 11.4135 P636 (Ilija Mirković, witness statements), 3 September 2003 witness statement, paras 11-12.4136 P636 (Ilija Mirković, witness statements), 3 September 2003 witness statement, para. 12.4137 P636 (Ilija Mirković, witness statements), 3 September 2003 witness statement, para. 13.581Case No.: IT-06-90-T 15 April 2011 `

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