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

38617UN compound. 5160 At approximately 9:30 a.m. Berikoff and others returned to theintersection and placed the bodies in body bags, which lasted until 11-11:30 a.m. 5161During this time, one round of mortar fire hit within approximately 25 metres of theirlocation, and they took cover in a drainage ditch. 5162 They could not ascertain fromwhich direction the mortar had come. 5163 A Serb doctor arrived at the gate of the UNcompound, asking for help evacuating casualties from Knin hospital because theCroatian forces had shelled and captured it. 5164 The doctor maintained that only sevenpeople had been killed during the offensive, which Berikoff and Leslie foundlaughable. 5165 Berikoff went with Leslie to the hospital and noticed on the way thatthere were still around 10-30 dead persons on the streets. 5166 Upon arrival at thehospital, Leslie entered it while Berikoff remained in the parking lot and saw that therewere still approximately the same amount of dead and wounded civilians and soldiersoutside the hospital as he had seen the day before. 5167 Berikoff also noticed that therewere shell marks on the hospital wall, that several of its windows were broken, and thatthere were craters in the surrounding fields. 5168 He stated that the hospital was in a5160 D284 (Philip Berikoff, witness statement, 26-27 May 1997), p. 13; P748 (Berikoff’s daily journal, 17July – 6 September 1995), p. 6; P755 (Video of Berikoff recounting his experience with the shelling ofthe intersection and of refugees arriving at the UN Compound), pp. 1-2.5161 P740 (Philip Berikoff, witness statement, 21 May 1997), para. 2 (j); D284 (Philip Berikoff, witnessstatement, 26-27 May 1997), p. 13; Philip Berikoff, T. 7608, 7612, 7711, 7713-7715, 7721; P743 (Reportby Berikoff on his activities 4-12 August 1995), para. 2 (c); P744 (Report by Robert Williams on thesituation in Sector South between 8 July and 18 August 1995), p. 4; P747 (Report by Berikoff onHV/HVO activities 4-20 August 1995), para. 1 (b); P748 (Berikoff’s daily journal, 17 July – 6 September1995), p. 7; P755 (Video of Berikoff recounting his experience with the shelling of the intersection and ofrefugees arriving at the UN Compound), p. 2.5162 P740 (Philip Berikoff, witness statement, 21 May 1997), para. 2 (j); D284 (Philip Berikoff, witnessstatement, 26-27 May 1997), p. 13; D735 (Philip Berikoff, witness statement, 30 August 2008), p. 2;Philip Berikoff, T. 7608; P743 (Report by Berikoff on his activities 4-12 August 1995), para. 2 (b); P744(Report by Robert Williams on the situation in Sector South between 8 July and 18 August 1995), p. 4;P755 (Video of Berikoff recounting his experience with the shelling of the intersection and of refugeesarriving at the UN Compound), p. 1.5163 D284 (Philip Berikoff, witness statement, 26-27 May 1997), p. 13.5164 P740 (Philip Berikoff, witness statement, 21 May 1997), para. 2 (k); D284 (Philip Berikoff, witnessstatement, 26-27 May 1997), p. 14; Philip Berikoff, T. 7714-7717, 7721, 7910-7911; P748 (Berikoff’sdaily journal, 17 July – 6 September 1995), p. 7.5165 D284 (Philip Berikoff, witness statement, 26-27 May 1997), p. 14; Philip Berikoff, T. 7715.5166 P740 (Philip Berikoff, witness statement, 21 May 1997), para. 2 (k); D284 (Philip Berikoff, witnessstatement, 26-27 May 1997), p. 14; Philip Berikoff, T. 7643, 7647, 7718, 7726, 7729; P748 (Berikoff’sdaily journal, 17 July – 6 September 1995), p. 7.5167 P740 (Philip Berikoff, witness statement, 21 May 1997), para. 2 (k); P741 (Philip Berikoff, witnessstatement, 11 December 2007), para. 5; D284 (Philip Berikoff, witness statement, 26-27 May 1997), p.14; Philip Berikoff, T. 7643, 7647, 7717-7723, 7726, 7728, 7739-7740; P748 (Berikoff’s daily journal, 17July – 6 September 1995), p. 7.5168 D284 (Philip Berikoff, witness statement, 26-27 May 1997), p. 14; D735 (Philip Berikoff, witnessstatement, 30 August 2008), p. 1; Philip Berikoff, T. 7596, 7696-7697.698Case No.: IT-06-90-T 15 April 2011 `

38616residential area and that there were no military installations anywhere near it. 5169 Heestimated that up to approximately 1,000 shells had hit Knin on 5 August 1995 whenthe HV entered Knin, after which he heard no further shelling in Knin. 51701326. Robert Williams testified that at 5:20 a.m. on 5 August 1995, the HV beganheavily shelling Knin again. 5171 He observed the shelling from the balcony of the mainbuilding of the UN compound. Williams saw that several shells landed close to the UNcompound. 5172 At 6:10 a.m., the witness saw eight SVK tanks, one APC, and a truckpass the UN compound at a speed of around 30-50 kilometres per hour. 5173 According tothe witness, they came from the direction of Drniš and headed north through Knin,though without stopping in the town. 5174 Williams did not see any attempt to attackthese vehicles with artillery although he heard some small arms fire from the tankswhile they passed downtown. 5175 At about 8:30 a.m., Philip Berikoff told the witnessthat he had seen some bodies at the junction outside the UN compound. 5176 In order toprevent the spread of diseases, Williams and other UN officers went to the junction toput the bodies in body bags. 5177 The witness stated that when he approached the bodieshe saw that two of them had SVK uniforms. 5178 The witness testified that the other fourdead men were civilians. 5179 One of the civilians was carrying documents whichidentified him as Ljubomir Djapić from Drniš (born 1 April 1933). 5180 Williams couldnot identify the others as they were not carrying identification, but he understood from agrieving woman at the site that her husband and son were amongst the dead men. 51815169 D284 (Philip Berikoff, witness statement, 26-27 May 1997), p. 14.5170 D735 (Philip Berikoff, witness statement, 30 August 2008), p. 2; Philip Berikoff, T. 7695.5171 P924 (Robert Williams, witness statement, 5 November 1995), p. 2; P925 (Robert Williams, witnessstatement, 22 August 1996), p. 5; Robert Williams, T. 9535, 9538; P928 (Aerial map of Knin, marked byRobert Williams), areas marked in green; P930 (Chronology of events in Sector South prepared by RobertWilliams, 4-7 August 1995), p. 2.5172 P925 (Robert Williams, witness statement, 22 August 1996), p. 6.5173 P925 (Robert Williams, witness statement, 22 August 1996), p. 6; P927 (Robert Williams,supplemental information sheet, 23 September 2008), pp. 1-2; Robert Williams, T. 9536, 9607.5174 P925 (Robert Williams, witness statement, 22 August 1996), p. 6.5175 P925 (Robert Williams, witness statement, 22 August 1996), p. 6; P927 (Robert Williams,supplemental information sheet, 23 September 2008), p. 2.5176 P925 (Robert Williams, witness statement, 22 August 1996), p. 6; Robert Williams, T 9538-9539.5177 P924 (Robert Williams, witness statement, 5 November 1995), p. 2; P925 (Robert Williams, witnessstatement, 22 August 1996), p. 6; Robert Williams, T 9538-9539; P930 (Chronology of events in SectorSouth prepared by Robert Williams, 4-7 August 1995), p. 2.5178 P925 (Robert Williams, witness statement, 22 August 1996), p. 6; Robert Williams, T. 9539, 9626.5179 P925 (Robert Williams, witness statement, 22 August 1996), p. 6; Robert Williams, T. 9539.5180 P924 (Robert Williams, witness statement, 5 November 1995), p. 2; Robert Williams, T. 9539, 9622;P930 (Chronology of events in Sector South prepared by Robert Williams, 4-7 August 1995), p. 2.5181 P924 (Robert Williams, witness statement, 5 November 1995), p. 2; P930 (Chronology of events inSector South prepared by Robert Williams, 4-7 August 1995), p. 2.699Case No.: IT-06-90-T 15 April 2011 `

38617UN compound. 5160 At approximately 9:30 a.m. Berikoff and others r<strong>et</strong>urned to theintersection and placed the bodies in body bags, which lasted until 11-11:30 a.m. 5161During this time, one round of mortar fire hit within approximately 25 m<strong>et</strong>res of theirlocation, and they took cover in a drainage ditch. 5162 They could not ascertain fromwhich direction the mortar had come. 5163 A Serb doctor arrived at the gate of the UNcompound, asking for help evacuating casu<strong>al</strong>ties from Knin hospit<strong>al</strong> because theCroatian forces had shelled and captured it. 5164 The doctor maintained that only sevenpeople had been killed during the offensive, which Berikoff and Leslie foundlaughable. 5165 Berikoff went with Leslie to the hospit<strong>al</strong> and noticed on the way thatthere were still around 10-30 dead persons on the stre<strong>et</strong>s. 5166 Upon arriv<strong>al</strong> at thehospit<strong>al</strong>, Leslie entered it while Berikoff remained in the parking lot and saw that therewere still approximately the same amount of dead and wounded civilians and soldiersoutside the hospit<strong>al</strong> as he had seen the day before. 5167 Berikoff <strong>al</strong>so noticed that therewere shell marks on the hospit<strong>al</strong> w<strong>al</strong>l, that sever<strong>al</strong> of its windows were broken, and thatthere were craters in the surrounding fields. 5168 He stated that the hospit<strong>al</strong> was in a5160 D284 (Philip Berikoff, witness statement, 26-27 May 1997), p. 13; P748 (Berikoff’s daily journ<strong>al</strong>, 17July – 6 September 1995), p. 6; P755 (Video of Berikoff recounting his experience with the shelling ofthe intersection and of refugees arriving at the UN Compound), pp. 1-2.5161 P740 (Philip Berikoff, witness statement, 21 May 1997), para. 2 (j); D284 (Philip Berikoff, witnessstatement, 26-27 May 1997), p. 13; Philip Berikoff, T. 7608, 7612, 7711, 7713-7715, 7721; P743 (Reportby Berikoff on his activities 4-12 August 1995), para. 2 (c); P744 (Report by Robert Williams on thesituation in Sector South b<strong>et</strong>ween 8 July and 18 August 1995), p. 4; P747 (Report by Berikoff onHV/HVO activities 4-20 August 1995), para. 1 (b); P748 (Berikoff’s daily journ<strong>al</strong>, 17 July – 6 September1995), p. 7; P755 (Video of Berikoff recounting his experience with the shelling of the intersection and ofrefugees arriving at the UN Compound), p. 2.5162 P740 (Philip Berikoff, witness statement, 21 May 1997), para. 2 (j); D284 (Philip Berikoff, witnessstatement, 26-27 May 1997), p. 13; D735 (Philip Berikoff, witness statement, 30 August 2008), p. 2;Philip Berikoff, T. 7608; P743 (Report by Berikoff on his activities 4-12 August 1995), para. 2 (b); P744(Report by Robert Williams on the situation in Sector South b<strong>et</strong>ween 8 July and 18 August 1995), p. 4;P755 (Video of Berikoff recounting his experience with the shelling of the intersection and of refugeesarriving at the UN Compound), p. 1.5163 D284 (Philip Berikoff, witness statement, 26-27 May 1997), p. 13.5164 P740 (Philip Berikoff, witness statement, 21 May 1997), para. 2 (k); D284 (Philip Berikoff, witnessstatement, 26-27 May 1997), p. 14; Philip Berikoff, T. 7714-7717, 7721, 7910-7911; P748 (Berikoff’sdaily journ<strong>al</strong>, 17 July – 6 September 1995), p. 7.5165 D284 (Philip Berikoff, witness statement, 26-27 May 1997), p. 14; Philip Berikoff, T. 7715.5166 P740 (Philip Berikoff, witness statement, 21 May 1997), para. 2 (k); D284 (Philip Berikoff, witnessstatement, 26-27 May 1997), p. 14; Philip Berikoff, T. 7643, 7647, 7718, 7726, 7729; P748 (Berikoff’sdaily journ<strong>al</strong>, 17 July – 6 September 1995), p. 7.5167 P740 (Philip Berikoff, witness statement, 21 May 1997), para. 2 (k); P741 (Philip Berikoff, witnessstatement, 11 December 2007), para. 5; D284 (Philip Berikoff, witness statement, 26-27 May 1997), p.14; Philip Berikoff, T. 7643, 7647, 7717-7723, 7726, 7728, 7739-7740; P748 (Berikoff’s daily journ<strong>al</strong>, 17July – 6 September 1995), p. 7.5168 D284 (Philip Berikoff, witness statement, 26-27 May 1997), p. 14; D735 (Philip Berikoff, witnessstatement, 30 August 2008), p. 1; Philip Berikoff, T. 7596, 7696-7697.698Case No.: IT-06-90-T 15 April 2011 `

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