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

38733civilians and military, were brought to Mirković’s room and the following day theywere all taken to Zadar. During the bus trip, they were tied in pairs and they wereordered to kiss the ground when they reached Zadar. The witness and the others on thebus were constantly beaten over the head with batons and forced to sing Croatian songsduring the two-hour bus ride to Zadar. While the witness was held in Zadar, untilapproximately 29 August 1995, he was interviewed about his involvement in waractivity. Based on the witness’s description of the alleged perpetrators as soldiers, theTrial Chamber is satisfied that they wore military-type uniforms. The Trial Chamberrecalls the evidence underlying its findings in chapter 4.2.9 (Knin town) with regard toalleged destruction and plunder in Knin town. Based on the foregoing, the TrialChamber finds that the persons were members of HV or VP. With regard to the witnessbeing kept at the Knin school building, the Trial Chamber recalls its finding in chapter4.5.5. The Trial Chamber will further consider this incident in relation to Counts 1, 8,and 9 of the Indictment, in chapters 5.7.2 and 5.8.2 (c) below.Unidentified man in Knin1139. With regard to the alleged ill-treatment of an unidentified man in Knin, the TrialChamber has primarily received documentary evidence. According to a UNCIVPOLreport, dated 13 August 1995, a man told UNCIVPOL that on 4 August 1995 (“Fridayduring the shelling”) he came to the UN compound for protection. On 12 August 1995,the man left the compound and went to the Croatian police to apply for a Croatianpassport. After that, the man went to his accommodation in the centre of Knin. After ashort while, four armed soldiers came to his home. They threatened him, beat him,destroyed things in the apartment, and stole some of his belongings. After the soldiersleft, the man made it back to the UN compound. 41381140. On 14 August 1995, HRAT reported that it interviewed a 62-year-old man whoon 10 August 1995 left the UN compound for Knin school, then returned home on 13August 1995, where he was threatened and beaten by HV soldiers, after which hereturned to the UN compound. 4139 HRAT further reported that Croatian authorities laterapologized for the incident, and said that they could not control all the members of the4138 P222 (UNCIVPOL incident report, 13 August 1995).4139 P21 (Edward Flynn, witness statement, 26-27 February 2008), para. 13; P42 (HRAT daily report, 14August 1995), p. 1.582Case No.: IT-06-90-T 15 April 2011 `

38732army, but that they would be withdrawn from Knin in a couple of days, save for soldiersin the barracks who would need special passes to enter the city. 41401141. Based on the evidence, the Trial Chamber finds that a 62-year-old man left theUN compound and returned to his accommodation in Knin on 12 or 13 August 1995where he was beaten by four armed persons referred to as HV soldiers while hisapartment was ransacked. The persons destroyed things in the apartment and stole someof his belongings, although the evidence does not specify what was stolen anddestroyed. The description of these persons as soldiers satisfies the Trial Chamber thatthey wore military-type uniforms. The documentary evidence referred to above does notprovide further details as to the factual basis for the qualification of the persons as HVsoldiers. Consequently, the Trial Chamber cannot assess whether this qualification wasmade on a proper factual basis. However, in this respect the Trial Chamber recalls theevidence underlying its findings in chapter 4.2.9 (Knin town) with regard to allegeddestruction and plunder in Knin town. Based on the foregoing, the Trial Chamber findsthat the persons were members of HV or VP. The Trial Chamber has received noevidence with regard to the ethnicity of the unidentified man. The Trial Chamber willfurther consider this incident in relation to Counts 1, 4, 5, 8, and 9 of the Indictment, inchapters 5.5.2, 5.6.2, 5.7.2, 5.8.2 (d), (f), and (g) below.Predrag Šare1142. The Trial Chamber has received evidence with regard to the alleged ill-treatmentof Predrag Šare primarily through the testimonies of Alun Roberts, John Hill, and AlainForand.1143. Alun Roberts, Press and Information Officer for UN Sector South in Knin frommid-September 1993 until about mid-October 1995, 4141 testified that the UN interpreterPredrag Šare had confessed to the UN in late 1994 that he was an SVK spy, though heclaimed that he had been pressured into it, about which Roberts expressed doubts. 41424140 P21 (Edward Flynn, witness statement, 26-27 February 2008), para. 13; P42 (HRAT daily report, 14August 1995), p. 1.4141 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. 1.4142 Alun Roberts, T. 7038-7039, 7042-7043; D704 (Letter of the Security Department of the SVK’sGeneral Staff, 14 December 1994); D705 (Letter of the Security Department of the SVK’s General Staff,583Case No.: IT-06-90-T 15 April 2011 `

38732army, but that they would be withdrawn from Knin in a couple of days, save for soldiersin the barracks who would need speci<strong>al</strong> passes to enter the city. 41401141. Based on the evidence, the Tri<strong>al</strong> Chamber finds that a 62-year-old man left theUN compound and r<strong>et</strong>urned to his accommodation in Knin on 12 or 13 August 1995where he was beaten by four armed persons referred to as HV soldiers while hisapartment was ransacked. The persons destroyed things in the apartment and stole someof his belongings, <strong>al</strong>though the evidence does not specify what was stolen anddestroyed. The description of these persons as soldiers satisfies the Tri<strong>al</strong> Chamber thatthey wore military-type uniforms. The documentary evidence referred to above does notprovide further d<strong>et</strong>ails as to the factu<strong>al</strong> basis for the qu<strong>al</strong>ification of the persons as HVsoldiers. Consequently, the Tri<strong>al</strong> Chamber cannot assess wh<strong>et</strong>her this qu<strong>al</strong>ification wasmade on a proper factu<strong>al</strong> basis. However, in this respect the Tri<strong>al</strong> Chamber rec<strong>al</strong>ls theevidence underlying its findings in chapter 4.2.9 (Knin town) with regard to <strong>al</strong>legeddestruction and plunder in Knin town. Based on the foregoing, the Tri<strong>al</strong> Chamber findsthat the persons were members of HV or VP. The Tri<strong>al</strong> Chamber has received noevidence with regard to the <strong>et</strong>hnicity of the unidentified man. The Tri<strong>al</strong> Chamber willfurther consider this incident in relation to Counts 1, 4, 5, 8, and 9 of the Indictment, inchapters 5.5.2, 5.6.2, 5.7.2, 5.8.2 (d), (f), and (g) below.Predrag Šare1142. The Tri<strong>al</strong> Chamber has received evidence with regard to the <strong>al</strong>leged ill-treatmentof Predrag Šare primarily through the testimonies of Alun Roberts, John Hill, and AlainForand.1143. Alun Roberts, Press and Information Officer for UN Sector South in Knin frommid-September 1993 until about mid-October 1995, 4141 testified that the UN interpr<strong>et</strong>erPredrag Šare had confessed to the UN in late 1994 that he was an SVK spy, though heclaimed that he had been pressured into it, about which Roberts expressed doubts. 41424140 P21 (Edward Flynn, witness statement, 26-27 February 2008), para. 13; P42 (HRAT daily report, 14August 1995), p. 1.4141 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. 1.4142 Alun Roberts, T. 7038-7039, 7042-7043; D704 (L<strong>et</strong>ter of the Security Department of the SVK’sGener<strong>al</strong> Staff, 14 December 1994); D705 (L<strong>et</strong>ter of the Security Department of the SVK’s Gener<strong>al</strong> Staff,583Case No.: IT-06-90-T 15 April 2011 `

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