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

386231310. Peter Marti, an UNMO and later a member of HRAT in Sector South from 19June to 27 November 1995, 5110 testified that on 4 August 1995, he was in a house inPodkonje, just south of Knin, where he and four other UNMOs were staying at the time,when at about 4-5 a.m., they heard the sound of shells striking into Knin. 5111 From theiraccommodation in Podkonje, Marti did not have a direct view of Knin and could not seeexactly what was hit because there was a hill in between, although he could see smokerising from Knin and the surrounding villages. 5112 Shells fell some 2-3 kilometres fromthe house Marti was in. 5113 Marti then went into a basement of a nearby house withother civilians of the village, and testified that while the shelling in the early morningwas intense, throughout the day, he estimates that about 4-6 shells per hour werefired. 51141311. Alain Forand, UNCRO Sector South Commander from 8 July 1995 to 10October 1995, 5115 testified that at 5 a.m. on 4 August 1995 heavy barrages started ontowns and villages throughout Sector South and that there was heavy shelling and localattacks in the zone of separation. 5116 Forand immediately went to the balcony on thethird floor of the UN compound from where he observed the shelling of Knin togetherwith other officers, seeing puffs of smoke all over town. 5117 Forand stayed on thebalcony for about ten minutes. 5118 He did not observe any adjusted fire during thistime. 5119 The shelling remained intense for approximately one or more hours, thencontinued intermittently throughout the day, and stopped completely at midnight on 45110 P415 (Peter Marti, witness statement, 13 February 1996), pp. 1-2; P416 (Peter Marti, witnessstatement, 29 June 1997), pp. 1, 6; P417 (Peter Marti, witness statement, 14 December 2007), paras 1, 5,9, 17.5111 P415 (Peter Marti, witness statement, 13 February 1996); p. 1; P416 (Peter Marti, witness statement,29 June 1997), p. 3; P417 (Peter Marti, witness statement, 14 December 2007), para. 32; Peter Marti, T.4632, 4671-4672.5112 P416 (Peter Marti, witness statement, 29 June 1997), p. 3; P417 (Peter Marti, witness statement, 14December 2007), para. 32; Peter Marti, T. 4632-4634, 4672.5113 P417 (Peter Marti, witness statement, 14 December 2007), para. 32; P416 (Peter Marti, witnessstatement, 29 June 1997), p. 3; Peter Marti, T. 4632-4634.5114 P417 (Peter Marti, witness statement, 14 December 2007), para. 34.5115 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, 4186.5116 P330 (Alain Forand, witness statement, 20 August 1996), p. 4; P331 (Alain Forand, witnessstatement, 29 September 1997), p. 12; Alain Forand, T. 4114; P340 (UNCRO Sector South updatesituation report, 10:20 a.m., 4 August 1995), pp. 2-3; P341 (UNCRO Sector South update situation report,1 p.m., 4 August 1995), p. 1; P399 (Video and transcript of an interview with Alain Forand), p. 1; P400(Press statement, 12 October 1995), p. 1; P401 (Presentation by Alain Forand, 24 June 1996), p. 21; D346(Alain Forand’s interview in Globus newspaper, 12 March 2004), p. 1.5117 P333 (Alain Forand, witness statement, 25 January 2008), para. 5; Alain Forand, T. 4114, 4116, 4433,4458; D346 (Alain Forand’s interview in Globus newspaper, 12 March 2004), p. 5.5118 P333 (Alain Forand, witness statement, 25 January 2008), para. 5; Alain Forand, T. 4115-4116.5119 Alain Forand, T. 4116.692Case No.: IT-06-90-T 15 April 2011 `

38622August 1995. 5120 On 4 August 1995, Forand gave a radio interview in which he statedthat around 700-800 shells had hit Knin on that day. 5121 On the same day, Forand visitedthe RSK Ministry of Defence twice, at approximately 11-11:30 a.m. and 6 p.m., and theRSK parliament building once, and saw minimal damage to those buildings and noconcentration of fire around them. 51221312. Jan Elleby, Deputy Chief and later Chief of UNCIVPOL Sector South in Kninbetween 15 May and 1 or 2 October 1995, 5123 testified that on 4:55 a.m. on 4 August1995, he woke up hearing shelling whereupon he ran to the ground floor of his buildingto take shelter. 5124 During the first two to three hours of shelling there was an impactevery 20 seconds. 51251313. The Trial Chamber has received evidence regarding the effects of HV artilleryfire on the SVK and its command and communications in Knin on 4 August 1995, fromseveral sources.1314. According to a Croatian intelligence report, sent at 8:30 a.m. on 4 August 1995,General Kovačević, who was in Knin, told Luitenant Colonel Radić, commander of theDinara combat group, at 7 a.m. that the HV had hit the barracks and were shooting ateverything, and ordered him not to leave his position, but to open fire at the HVpositions on the Dinara mountain. 5126 According to the same report, Milan Martić calledan unidentified person at 7:20 a.m., saying the Croatians had been bombing Knin since5 a.m., for the past hour or two, non-stop, and were shooting at everything. 5127 On 4August 1995, Croatian intelligence further reported at 10 a.m. that around 7 a.m. thatmorning, a person named Duško had made several private calls from Martić’s office,5120 P330 (Alain Forand, witness statement, 20 August 1996), p. 7; P331 (Alain Forand, witnessstatement, 29 September 1997), p. 12; P333 (Alain Forand, witness statement, 25 January 2008), para. 5;Alain Forand, T. 4100-4101; P341 (UNCRO Sector South update situation report, 1 p.m., 4 August1995), p. 2; P343 (UNCRO Sector South daily situation report, 11 p.m., 4 August 1995), p. 5; P399(Video and transcript of an interview with Alain Forand), p. 1.5121 Alain Forand, T. 4419-4421; D328 (Radio interview of Forand with the Canadian BroadcastingService, 4 August 1995).5122 P333 (Alain Forand, witness statement, 25 January 2008), para. 12; Alain Forand, T. 4100-4101,4124, 4369, 4371, 4391-4392.5123 P214 (Jan Elleby, witness statement, 17 September 1995), p. 1; P215 (Jan Elleby, witness statement,14 September 1997), pp. 1-3; P216 (Jan Elleby, witness statement, 10 October 2005), pp. 1-2; Jan Elleby,T. 3361-3362, 3469.5124 P214 (Jan Elleby, witness statement, 17 September 1995), p. 1; Jan Elleby, T. 3367; P219(UNCIVPOL memo from Jan Elleby to UNCIVPOL headquarters, 4 August 1995).5125 P215 (Jan Elleby, witness statement, 14 September 1997), p. 2.5126 D1257 (Croatian Intelligence Report composed by Vladimir Janković, 4 August 1995), pp. 1-2.5127 D1257 (Croatian Intelligence Report composed by Vladimir Janković, 4 August 1995), p. 1.693Case No.: IT-06-90-T 15 April 2011 `

386231310. P<strong>et</strong>er Marti, an UNMO and later a member of HRAT in Sector South from 19June to 27 November 1995, 5110 testified that on 4 August 1995, he was in a house inPodkonje, just south of Knin, where he and four other UNMOs were staying at the time,when at about 4-5 a.m., they heard the sound of shells striking into Knin. 5111 From theiraccommodation in Podkonje, Marti did not have a direct view of Knin and could not seeexactly what was hit because there was a hill in b<strong>et</strong>ween, <strong>al</strong>though he could see smokerising from Knin and the surrounding villages. 5112 Shells fell some 2-3 kilom<strong>et</strong>res fromthe house Marti was in. 5113 Marti then went into a basement of a nearby house withother civilians of the village, and testified that while the shelling in the early morningwas intense, throughout the day, he estimates that about 4-6 shells per hour werefired. 51141311. Alain Forand, UNCRO Sector South Commander from 8 July 1995 to 10October 1995, 5115 testified that at 5 a.m. on 4 August 1995 heavy barrages started ontowns and villages throughout Sector South and that there was heavy shelling and loc<strong>al</strong>attacks in the zone of separation. 5116 Forand immediately went to the b<strong>al</strong>cony on th<strong>et</strong>hird floor of the UN compound from where he observed the shelling of Knin tog<strong>et</strong>herwith other officers, seeing puffs of smoke <strong>al</strong>l over town. 5117 Forand stayed on theb<strong>al</strong>cony for about ten minutes. 5118 He did not observe any adjusted fire during thistime. 5119 The shelling remained intense for approximately one or more hours, thencontinued intermittently throughout the day, and stopped compl<strong>et</strong>ely at midnight on 45110 P415 (P<strong>et</strong>er Marti, witness statement, 13 February 1996), pp. 1-2; P416 (P<strong>et</strong>er Marti, witnessstatement, 29 June 1997), pp. 1, 6; P417 (P<strong>et</strong>er Marti, witness statement, 14 December 2007), paras 1, 5,9, 17.5111 P415 (P<strong>et</strong>er Marti, witness statement, 13 February 1996); p. 1; P416 (P<strong>et</strong>er Marti, witness statement,29 June 1997), p. 3; P417 (P<strong>et</strong>er Marti, witness statement, 14 December 2007), para. 32; P<strong>et</strong>er Marti, T.4632, 4671-4672.5112 P416 (P<strong>et</strong>er Marti, witness statement, 29 June 1997), p. 3; P417 (P<strong>et</strong>er Marti, witness statement, 14December 2007), para. 32; P<strong>et</strong>er Marti, T. 4632-4634, 4672.5113 P417 (P<strong>et</strong>er Marti, witness statement, 14 December 2007), para. 32; P416 (P<strong>et</strong>er Marti, witnessstatement, 29 June 1997), p. 3; P<strong>et</strong>er Marti, T. 4632-4634.5114 P417 (P<strong>et</strong>er Marti, witness statement, 14 December 2007), para. 34.5115 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, 4186.5116 P330 (Alain Forand, witness statement, 20 August 1996), p. 4; P331 (Alain Forand, witnessstatement, 29 September 1997), p. 12; Alain Forand, T. 4114; P340 (UNCRO Sector South updatesituation report, 10:20 a.m., 4 August 1995), pp. 2-3; P341 (UNCRO Sector South update situation report,1 p.m., 4 August 1995), p. 1; P399 (Video and transcript of an interview with Alain Forand), p. 1; P400(Press statement, 12 October 1995), p. 1; P401 (Presentation by Alain Forand, 24 June 1996), p. 21; D346(Alain Forand’s interview in Globus newspaper, 12 March 2004), p. 1.5117 P333 (Alain Forand, witness statement, 25 January 2008), para. 5; Alain Forand, T. 4114, 4116, 4433,4458; D346 (Alain Forand’s interview in Globus newspaper, 12 March 2004), p. 5.5118 P333 (Alain Forand, witness statement, 25 January 2008), para. 5; Alain Forand, T. 4115-4116.5119 Alain Forand, T. 4116.692Case No.: IT-06-90-T 15 April 2011 `

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