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Gotovina et al Judgement Volume I - ICTY

Gotovina et al Judgement Volume I - ICTY

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38595attack. The Tri<strong>al</strong> Chamber has received evidence from a relatively large number ofwitnesses who were present in Knin when it was shelled on 4 and 5 August 1995. Thewitnesses consistently testified that an initi<strong>al</strong> period of very heavy shelling commencedat 5 a.m. on 4 August 1995. According to sever<strong>al</strong> witnesses, including Leslie, Dreyer,and Hill, the intense shelling lasted for up to one and a h<strong>al</strong>f or two hours. By mostaccounts, shelling of a lesser intensity continued intermittently for the rest of themorning and the afternoon and lasted until around midnight. Berikoff, Roberts, and Hillobserved a short period of artillery fire of increased intensity around midnight.1366. The witnesses <strong>al</strong>so provided estimates of how many shells fell on Knin duringdifferent periods, based on their own observations. These estimates vary widely, from200-300 b<strong>et</strong>ween 5 and 10 a.m. according to SVK intelligence report D389 to <strong>al</strong>most30,000 b<strong>et</strong>ween 5 and 8 a.m., according to Al-Alfi. The Tri<strong>al</strong> Chamber considers that itis difficult to accurately estimate high numbers of impacts while experiencing the duressof incoming artillery fire. Most of the witnesses had little or no artillery training orexperience. Further, artillery projectiles which impacted outside of the town proper mayhave been audible within Knin. In this respect, the Tri<strong>al</strong> Chamber notes the evidence ofMarti, who testified that he was able to hear the shells f<strong>al</strong>ling in Knin from a house inPodkonje, some two kilom<strong>et</strong>res from Knin. The Tri<strong>al</strong> Chamber further notes thatDawes, Dijkstra, and Hill testified that they were surprised to see that the damage theyobserved in Knin after 5 August 1995 was less than they had expected based on thenumber of artillery projectiles they believed had impacted on Knin.1367. The Tri<strong>al</strong> Chamber has received only very limited evidence of crater an<strong>al</strong>ysesperformed in Knin after 5 August 1995, mainly from witnesses Roberts, Liborius,Munkelien and Anttila, and has above expressed its reservations regarding the reliabilityof the crater an<strong>al</strong>ysis conducted by the latter two witnesses. As the Tri<strong>al</strong> Chamber hasfound above, the TS-3, TS-4 and the 4th and 7th Guards Brigades reported firingapproximately 600 projectiles at targ<strong>et</strong>s in Knin on 4 August 1995. Many of thewitnesses present in Knin provided estimates which were substanti<strong>al</strong>ly higher than thisnumber. The Tri<strong>al</strong> Chamber’s findings regarding the incompl<strong>et</strong>e nature of the reportingabove and the careful examination of the locations of impacts below, indicate that thenumber of projectiles fired into Knin exceeded what was reported. However, for theaforementioned reasons and in light of the limited crater an<strong>al</strong>ysis evidence the Tri<strong>al</strong>5358 P1450 (Information on body, ID No. 485, with photograph), p. 1.720Case No.: IT-06-90-T 15 April 2011 `

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