Gotovina et al Judgement Volume I - ICTY

39249individuals at the commanding level to act so as to prevent similar incidents. 376 In adecision dated 31 May 1995, Gotovina initiated a disciplinary inquiry against twomembers of the 1080 military post in the Split MD based on reasonable suspicion thatthe men had violated military discipline by receiving two salaries. 377 Gotovinaappointed Corporal Josip Galić from military post 6070 to lead the disciplinary inquiryteam and requested that he submit the entire case file, a report and a proposal toGotovina within 15 days of receipt of the decision. 378 According to Botteri, Gotovinawould have then forwarded the file to the military disciplinary prosecutor who wouldwrite an indictment at which point the disciplinary court chamber would have beenformed. 379132. On 23 and 24 August 1995, the Viskogradnja and Predvodnik HousingCooperatives in Split sent letters to the Chief of the Main Staff, Zvonimir Červenkocomplaining of uniformed HV members’ violent entry into and illegal occupation offlats. 380 On 23 August 1995, Červenko ordered the Split MD Commander toimmediately form a commission comprised of the Split MD Chief of Staff, theCommander of the 1114 military post office, and the Assistant Commanders of PoliticalAffairs, the SIS, and Legal Affairs. 381 According to Červenko’s order, the commissionwas to establish the names of the perpetrators and suggest possible measures to evictand retrieve property before 26 August 1995. 382 A report on the progress ofimplementation of those measures was to be submitted to Červenko no later than 15September 1995. 383 Additionally, Červenko’s order obligated the Split MD Commanderto file criminal charges in cooperation with the VP office to the competent militaryprosecutor’s office in Split. 384 By an order dated 29 August 1995, and according toBotteri, pursuant to Article 9 of the VP Rules, Gotovina appointed a Commission for376 P1019 (Order assembling investigatory commission signed by Ante Gotovina, 22 May 1995), paras 2,4.377 P1023 (Decision initiating disciplinary inquiry signed by Ante Gotovina, 31 May 1995), pp. 1-2.378 P1023 (Decision initiating disciplinary inquiry signed by Ante Gotovina, 31 May 1995), p. 1.379 P1006 (Ljiljana Botteri, witness statement, 8 November 2007), para. 27.380 D878 (Ljiljana Botteri, witness statement, 24 October 2008), para. 18; D879 (Visokogradnja HousingCooperative letter, 23 August 1995; Predvodnik Housing Cooperative letter, 24 August 1995), pp. 3-6.381 D878 (Ljiljana Botteri, witness statement, 24 October 2008), para. 18; Ljiljana Botteri, T. 10928;D879 (Order obligating the MD Commander to form a commission signed by General ZvonimirČervenko, 23 August 1995), p. 1.382 D879 (Order obligating the MD Commander to form a commission signed by General ZvonimirČervenko, 23 August 1995), p. 1.383 D879 (Order obligating the MD Commander to form a commission signed by General ZvonimirČervenko, 23 August 1995), p. 2.66Case No.: IT-06-90-T 15 April 2011 `