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Gotovina et al Judgement Volume I - ICTY

Gotovina et al Judgement Volume I - ICTY

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385961362. Decomposing body KN01/422B, numbered 402, approximately 1.80 m<strong>et</strong>reslong, was found in Knin on 18 August 1995 with a black wool jumper and a black skirt,identified as Ankica Tomić born on 27 March 1948, and buried at a city cem<strong>et</strong>ery inKnin. 5354 Body KN01/422B, exhumed in the summer of 2001 from a cem<strong>et</strong>ery in Kninwith a m<strong>et</strong><strong>al</strong> tag marked “402”, remnants of a pair of trousers and a white bra, was anapproximately 1.58-1.72-m<strong>et</strong>re-t<strong>al</strong>l fem<strong>al</strong>e b<strong>et</strong>ween 40 and 60 years old, with possiblypost-mortem shrapnel injury to the right rear side of the pelvis. 5355 Body KN01/422Bwas identified on 28 April 2004 as Ana Tomić. 5356 According to a report of the ZagrebInstitute for Forensic Medicine, dated 28 April 2004 and based on data provided by herdaughter, Ankica Tomić, a Serb of Yugoslav nation<strong>al</strong>ity born 27 March 1948, died fromunknown causes in Knin on 4 August 1995. 53571363. A decomposing body, numbered 485 and approximately 1.70 m<strong>et</strong>res long, wasr<strong>et</strong>rieved on 18 August 1995 from the Pathology Department of the Knin Hospit<strong>al</strong>,identified as Nikola Grujić, and buried at a city cem<strong>et</strong>ery in Knin. 5358 The Tri<strong>al</strong>Chamber considers that the forensic evidence does not establish a cause of death forNikola Grujić. Under these circumstances, the Tri<strong>al</strong> Chamber will not further considerhis death in relation to the <strong>al</strong>leged unlawful attack against civilians and civilian objectsin Knin.1364. The Tri<strong>al</strong> Chamber considers that the forensic evidence does not establish acause of death for Nikola Grujić or Ankica Tomić. The forensic evidence indicates thatLjubomir ðapić died as a result of a gunshot injury to the head. There is insufficientevidence as to the circumstances under which or by whom Ljubomir Ðapić was killed.The evidence received does not establish a link b<strong>et</strong>ween any of these three deceased andthe shelling of Knin on 4 and 5 August 1995. Under these circumstances, the Tri<strong>al</strong>Chamber will not further consider the deaths of Nikola Grujić, Ankica Tomić, andLjubomir Ðapić in relation to the <strong>al</strong>leged unlawful attack against civilians and civilianobjects in Knin.1365. The Tri<strong>al</strong> Chamber will first consider the intensity of the shelling of Knin on 4and 5 August 1995, and then address the m<strong>et</strong>hods and means employed during the5354 P1433 (Information on body KN01/422B, ID No. 402, with photograph).5355 John Clark, T. 14167-14168; P1633 (Autopsy report of KN01/422B, 25 July 2001), pp. 1-5, 8, 10-13,16; P1256 (Photographs of bodies and bones), p. 11; P1918 (Photograph of bone, KN01/422B).5356 P2006 (List of identified persons exhumed at the new cem<strong>et</strong>ery in Knin and Gračac).5357 P2104 (Report on circumstances of death of Ankica Tomić, 28 April 2004), pp. 22-24.719Case No.: IT-06-90-T 15 April 2011 `

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