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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38729Brigade. 4160 Hill later found out that he was the commander of the brigade “occupying”Knin. 4161 Hill stated that the commander told him that the interpreter was putting thestuff from his house in a car, that he was a “Chetnik”, and that he was going to killhim. 4162 He presented an SVK document to Hill stating that the man had been a memberof the SVK for about a year. 4163 After a tense stand-off, the commander agreed to allowthe interpreter to go back into the UN compound. 4164 Hill testified that because therewas a helipad at the UN compound, the commander was concerned that Serbs like theinterpreter would be allowed to leave the compound and he threatened to shoot downany helicopter leaving the UN compound. 4165 The Croat commander also told Hill thatany Serbs from the ages of 19-60 leaving the camp would be shot. 4166 Hill and the Croatcommander then agreed that the Croats could verify the helicopters leaving the UNcompound. 41671145. Alain Forand, UNCRO Sector South Commander from 8 July 1995 to 10October 1995, 4168 reported that around 8 p.m. on 8 August 1995, a local Serb interpreterwho was employed by the UN was slapped around and accused of being an SVK soldierand a war criminal by Croatian civilian police when he went to pick up his personalbelongings from his apartment in Knin. 41691146. The Trial Chamber finds that at approximately 8 p.m. on 8 August 1995, in Knin,persons referred to as soldiers entered the ransacked apartment of Predrag Šare, a SerbUNCRO interpreter, hit him hard in the face several times, pushed and punched him,pointed a rifle at him, and threatened to kill him. At the time, Šare was in Knin to visithis apartment and take his belongings. As Šare attempted to leave the apartment withAlun Roberts and a Civil Affairs Officer, he was punched in the back and threatened.Roberts and the Civil Affairs Officer refused to hand Šare over, entered a UN vehicleoutside the building and attempted to drive away with him. The persons referred to as4160 P292 (John Hill, witness statement, 21 January 1998), pp. 38-39, 48-49; John Hill, T. 3766, 3868.4161P292 (John Hill, witness statement, 21 January 1998), p. 39.4162P292 (John Hill, witness statement, 21 January 1998), pp. 39-40; John Hill, T. 3767; D274 (JohnHill’s diary, entries from 5-13 August 1995), p. 4.4163P292 (John Hill, witness statement, 21 January 1998), p. 39; John Hill, T. 3766-3767; D274 (JohnHill’s diary, entries from 5-13 August 1995), p. 4.4164 P292 (John Hill, witness statement, 21 January 1998), p. 39; John Hill, T. 3767.4165P292 (John Hill, witness statement, 21 January 1998), pp. 39-40.4166P292 (John Hill, witness statement, 21 January 1998), p. 40.4167P292 (John Hill, witness statement, 21 January 1998), pp. 39-40.4168 P330 (Alain Forand, witness statement, 20 August 1996), pp. 2, 15; P333 (Alain Forand, witnessstatement, 25 January 2008), para. 2; Alain Forand, T. 4098-4099, 4180, 4186.4169 P360 (UNCRO Sector South update situation report, 7:30 a.m., 9 August 1995), p. 1.586Case No.: IT-06-90-T 15 April 2011 `

38728soldiers fired over the vehicle and then shot the right front tire of the vehicle. They alsorocked the vehicle and hit the passenger side window; threatened Šare with a knife; andthreatened to kill him if he was not handed over. One of the persons referred to assoldiers retrieved a document with an SVK stamp and Šare’s name on it from Šare’sapartment. In late 1994, Šare had confessed to Roberts to being an SVK spy. Thecommander of the “4th Brigade” was present at the scene and told John Hill that theinterpreter was a “Chetnik” and that he had had been a member of the SVK; that he wasgoing to kill the interpreter; and that any Serbs aged 19-60 who left the UN compoundwould be shot. The VP arrived at the scene and asked for Predrag Šare to be handedover. One of the persons referred to as soldiers told Roberts that all male Serbs had to bequestioned in relation to war crimes. Considering the presence of the commander of the“4th Brigade” and that this commander communicated and reached an agreement withJohn Hill after which Predrag Šare was allowed to return to the UN compound, and inlight of the evidence underlying its findings in chapter 4.2.9 (Knin town), the TrialChamber finds that the persons who beat and threatened Predrag Šare were members ofthe 4th Guards Brigade. 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.Villagers in Golubić1147. With regard to alleged ill-treatment of villagers in Golubić, the Trial Chamberhas primarily received documentary evidence. On 29 August 1995, an HRAT from Kninvisited the Golubić area in Knin municipality where the local residents complained tothem that on that day soldiers had been terrorizing and threatening them, and shootingguns. 4170 The HRAT saw many soldiers in the area and was told by a sergeant of onegroup of soldiers that his superior was in Knin. 4171 On 21 September 1995, in the samevillage an UNMO team observed harassment of civilian Serbs by people in HVuniforms, driving a vehicle with HV registration plates. 41721148. The Trial Chamber has received evidence concerning two incidents of allegedthreatening and harassment in Golubić. The evidence indicates that on 29 August 1995armed persons referred to as soldiers threatened local residents in Golubić. The4170 D631 (HRAT daily report, 29 August 1995), p. 2.4171 D631 (HRAT daily report, 29 August 1995), p. 2.4172 P68 (Summary of UNMO Sector South situation reports from 7 August to 22 November 1995), p. 42.587Case No.: IT-06-90-T 15 April 2011 `

38728soldiers fired over the vehicle and then shot the right front tire of the vehicle. They <strong>al</strong>sorocked the vehicle and hit the passenger side window; threatened Šare with a knife; andthreatened to kill him if he was not handed over. One of the persons referred to assoldiers r<strong>et</strong>rieved a document with an SVK stamp and Šare’s name on it from Šare’sapartment. In late 1994, Šare had confessed to Roberts to being an SVK spy. Thecommander of the “4th Brigade” was present at the scene and told John Hill that theinterpr<strong>et</strong>er was a “Ch<strong>et</strong>nik” and that he had had been a member of the SVK; that he wasgoing to kill the interpr<strong>et</strong>er; and that any Serbs aged 19-60 who left the UN compoundwould be shot. The VP arrived at the scene and asked for Predrag Šare to be handedover. One of the persons referred to as soldiers told Roberts that <strong>al</strong>l m<strong>al</strong>e Serbs had to bequestioned in relation to war crimes. Considering the presence of the commander of the“4th Brigade” and that this commander communicated and reached an agreement withJohn Hill after which Predrag Šare was <strong>al</strong>lowed to r<strong>et</strong>urn to the UN compound, and inlight of the evidence underlying its findings in chapter 4.2.9 (Knin town), the Tri<strong>al</strong>Chamber finds that the persons who beat and threatened Predrag Šare were members ofthe 4th Guards Brigade. The Tri<strong>al</strong> 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.Villagers in Golubić1147. With regard to <strong>al</strong>leged ill-treatment of villagers in Golubić, the Tri<strong>al</strong> Chamberhas primarily received documentary evidence. On 29 August 1995, an HRAT from Kninvisited the Golubić area in Knin municip<strong>al</strong>ity where the loc<strong>al</strong> residents complained tothem that on that day soldiers had been terrorizing and threatening them, and shootingguns. 4170 The HRAT saw many soldiers in the area and was told by a sergeant of onegroup of soldiers that his superior was in Knin. 4171 On 21 September 1995, in the samevillage an UNMO team observed harassment of civilian Serbs by people in HVuniforms, driving a vehicle with HV registration plates. 41721148. The Tri<strong>al</strong> Chamber has received evidence concerning two incidents of <strong>al</strong>legedthreatening and harassment in Golubić. The evidence indicates that on 29 August 1995armed persons referred to as soldiers threatened loc<strong>al</strong> residents in Golubić. The4170 D631 (HRAT daily report, 29 August 1995), p. 2.4171 D631 (HRAT daily report, 29 August 1995), p. 2.4172 P68 (Summary of UNMO Sector South situation reports from 7 August to 22 November 1995), p. 42.587Case No.: IT-06-90-T 15 April 2011 `

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