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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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 `

39248Investigation charged with establishing facts related to the matter, and proposingmeasures to evict the HV members, and to discipline them, and their superiorcommanders. 385 Botteri was appointed to the commission along with Colonel IvoBrbora, Colonel Ivan Zelić, Brigadier Andrija Matijaš, Deputy Commander of themilitary post 1114, Major Marijan Milas, Assistant Commander of the “ZZP”, andMajor Miro Promorac, Deputy Commander of the 72nd VP Battalion. 386 According toBotteri, it was not regular practice to initiate disciplinary inquiries regarding breaches ofdiscipline against unknown offenders. 387 In Botteri’s opinion, Gotovina’s orders did notinitiate a disciplinary inquiry in this matter but instead, formed a “war-timecommission” to obtain or discover the names of perpetrators. 388 Gotovina’s order alsorequired the commission to file criminal reports in collaboration with the 72nd VPBattalion to the military prosecutor against the perpetrators or their superiors. 389 InBotteri’s opinion, Gotovina’s order was superfluous as the VP was already obliged tofile criminal reports by virtue of their obligations under the rules. 390 The Commissionestablished the name and unit of the 36 HV members who, it concluded, had forciblyand illegally occupied newly constructed flats belonging to various private enterprises,the city of Split, the Croatian Government, the MoD, and civilians. Of the identifiedperpetrators the Commission concluded that 34 belonged to the 4th Guards Brigade(four of which were by then retired), one to the 72nd VP Battalion, and one to the 83rdVP Battalion. 391 As for disciplinary measures, the Commission determined that allperpetrators who had already moved out and returned the keys or who did soimmediately upon returning from mission would have their disciplinary violationpardoned while the Commander of the 4th Guards Brigade would implementdisciplinary measures against those who refused to move out and the 72nd VP Battalion384 D879 (Order obligating the MD Commander to form a commission signed by General ZvonimirČervenko, 23 August 1995), p. 1.385 D878 (Ljiljana Botteri, witness statement, 24 October 2008), para. 18; Ljiljana Botteri, T. 10871;P1013 (Order establishing a commission of investigation signed by Ante Gotovina, 29 August 1995), p.1.386 P1013 (Order establishing a commission of investigation signed by Ante Gotovina, 29 August 1995),p. 1.387 D878 (Ljiljana Botteri, witness statement, 24 October 2008), para. 5.388 Ljiljana Botteri, T. 10866-10868.389 P1013 (Order establishing a commission of investigation signed by Ante Gotovina, 29 August 1995),p. 2.390 Ljiljana Botteri, T. 10943.391 Ljiljana Botteri, T. 10864, 10866; P1013 (Report on measures taken signed by Ante Gotovina, 8September 1995), pp. 3-4.67Case No.: IT-06-90-T 15 April 2011 `

39248Investigation charged with establishing facts related to the matter, and proposingmeasures to evict the HV members, and to discipline them, and their superiorcommanders. 385 Botteri was appointed to the commission <strong>al</strong>ong with Colonel IvoBrbora, Colonel Ivan Zelić, Brigadier Andrija Matijaš, Deputy Commander of themilitary post 1114, Major Marijan Milas, Assistant Commander of the “ZZP”, andMajor Miro Promorac, Deputy Commander of the 72nd VP Batt<strong>al</strong>ion. 386 According toBotteri, it was not regular practice to initiate disciplinary inquiries regarding breaches ofdiscipline against unknown offenders. 387 In Botteri’s opinion, <strong>Gotovina</strong>’s orders did notinitiate a disciplinary inquiry in this matter but instead, formed a “war-timecommission” to obtain or discover the names of perp<strong>et</strong>rators. 388 <strong>Gotovina</strong>’s order <strong>al</strong>sorequired the commission to file crimin<strong>al</strong> reports in collaboration with the 72nd VPBatt<strong>al</strong>ion to the military prosecutor against the perp<strong>et</strong>rators or their superiors. 389 InBotteri’s opinion, <strong>Gotovina</strong>’s order was superfluous as the VP was <strong>al</strong>ready obliged tofile crimin<strong>al</strong> reports by virtue of their obligations under the rules. 390 The Commissionestablished the name and unit of the 36 HV members who, it concluded, had forciblyand illeg<strong>al</strong>ly occupied newly constructed flats belonging to various private enterprises,the city of Split, the Croatian Government, the MoD, and civilians. Of the identifiedperp<strong>et</strong>rators the Commission concluded that 34 belonged to the 4th Guards Brigade(four of which were by then r<strong>et</strong>ired), one to the 72nd VP Batt<strong>al</strong>ion, and one to the 83rdVP Batt<strong>al</strong>ion. 391 As for disciplinary measures, the Commission d<strong>et</strong>ermined that <strong>al</strong>lperp<strong>et</strong>rators who had <strong>al</strong>ready moved out and r<strong>et</strong>urned the keys or who did soimmediately upon r<strong>et</strong>urning from mission would have their disciplinary violationpardoned while the Commander of the 4th Guards Brigade would implementdisciplinary measures against those who refused to move out and the 72nd VP Batt<strong>al</strong>ion384 D879 (Order obligating the MD Commander to form a commission signed by Gener<strong>al</strong> ZvonimirČervenko, 23 August 1995), p. 1.385 D878 (Ljiljana Botteri, witness statement, 24 October 2008), para. 18; Ljiljana Botteri, T. 10871;P1013 (Order establishing a commission of investigation signed by Ante <strong>Gotovina</strong>, 29 August 1995), p.1.386 P1013 (Order establishing a commission of investigation signed by Ante <strong>Gotovina</strong>, 29 August 1995),p. 1.387 D878 (Ljiljana Botteri, witness statement, 24 October 2008), para. 5.388 Ljiljana Botteri, T. 10866-10868.389 P1013 (Order establishing a commission of investigation signed by Ante <strong>Gotovina</strong>, 29 August 1995),p. 2.390 Ljiljana Botteri, T. 10943.391 Ljiljana Botteri, T. 10864, 10866; P1013 (Report on measures taken signed by Ante <strong>Gotovina</strong>, 8September 1995), pp. 3-4.67Case No.: IT-06-90-T 15 April 2011 `

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