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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12.07.2015 Views

385891380. Rajčić identified the police station and Milan Martić’s residence as targets firedat during Operation Storm. The TS-3 and the TS-4 reported firing at the police stationand at Milan Martić’s residence on 4 August 1995. This reporting and the finding thatartillery projectiles impacted on or in the immediate vicinity of these buildings on 4August 1995, indicate that the HV deliberately fired shells targeting the police stationand Milan Martić’s residence on that day. The 7th Guards Brigade reported firing at“right from the bridge S-16” on 4 August 1995. The Trial Chamber understands S-16 tobe a reference to coded map Ivančića (P2338), on which S-16 is a circle covering anarea located roughly between the Northern and Senjak barracks, within which area thepolice station was located.1381. Artillery projectile impacts and damage to buildings near (roughly within a 200-metre radius) the police station and Milan Martić’s residence were further observed onor after 4 August 1995 by witnesses including Dangerfield (marking A on P697),Boucher (A, E, and K on P1179), Mira Grubor (4 and 10 on P58), Widén (G, H, and Fon P722, p. 10), Dreyer (G on P78, including MBRL impacts, see P79), Berikoff (P onP746), Roberts (who found two rocket tubes at location marked D on P300), and byLiborius (who testified that on his way to the Southern barracks from the ECMMbuilding, he observed damaged buildings just before the main railway bridge in Knin).Based on the aforementioned evidence, the Trial Chamber finds that the HV fired theartillery projectiles which impacted in this area.1382. Based on the testimony of Witness 56 (see P289, p. 11), Dreyer (see P78),Mrkšić and SVK intelligence report D389, the Trial Chamber finds that the HV firedartillery projectiles which landed within the compound of the Northern barracks on 4August 1995. Rajčić testified that the Northern barracks was an artillery target fired atduring Operation Storm. On 4 August 1995, the TS-3 and the 4th and 7th Guardsbrigades reported firing at the Slavko Rodić or Northern barracks.1383. Further, Mauro testified of intense shelling on 4 August 1995, close to a schoolin which she had previously seen some military equipment, and which area shetentatively marked on D955. The Trial Chamber recalls its finding that on 4 August1995 there was an SVK mortar section at the school marked F on P1095, and in light ofthe similarities in the evidence, understands Mauro’s testimony to refer to an area nearthat school. Ermolaev testified that a shell hit his house (marked A on P96), which waslocated between this school and the Northern barracks. Grubor testified to observing726Case No.: IT-06-90-T 15 April 2011 `

38588artillery impacting just north of this school (see marking 11 on P58). Based on theevidence of Mauro, Grubor, and Ermolaev, the Trial Chamber finds that the HV firedartillery projectiles which impacted within 200 metres of the school, including in thearea north of the school marked 11 on P58. Rajčić identified the field immediately northof this school as a target known as “Hospital”, which the TS-4 reported firing at on 4August 1995. This evidence indicates that the HV deliberately targeted the Northernbarracks and the field referred to as target “Hospital”, on 4 August 1995. On 5 August1995, the TS-4 and 4th and 7th Guards Brigades reported firing at the Northern barracksas well.1384. Based on the evidence of Witness 6, Dawes, Stig Marker Hansen, Liborius,Mrkšić, UNCIVPOL report P228, and SVK intelligence report D389, the Trial Chamberfinds that the HV fired artillery projectiles which struck the TVIK factory (marked O onP1095) in Knin on 4 August 1995. Further, based on the evidence of Witness 6 andNovaković, the Trial Chamber finds that artillery projectiles also impacted on or in theimmediate vicinity of the Senjak barracks (marked D on P1095). Rajčić testified that theTVIK factory and the Senjak barracks were artillery targets fired at during OperationStorm. TS-4 reported firing at the TVIK factory on 4 August 1995. The HV artilleryreports of 4 August 1995 do not mention firing at the Senjak barracks. The TS-4reported firing at the Senjak barracks on 5 August 1995.1385. Several witnesses testified to observing artillery impacts and/or damage in aresidential area practically all of which area lies within 200 metres north of the TVIKfactory and the POL station (which according to Berikoff was a fuel storage area), and200 metres east of the Senjak barracks, on 4 August 1995. These witnesses includedDreyer (marking H on P78), Dawes (see P984), Berikoff, Liborius, Dijkstra (marked as“living” on P430), and Dangerfield (A on P697). Artillery damage and impacts werealso observed in this area after 5 August 1995, by Teskeredžić, Marker Hansen (one offour areas marked III on P1293), and Berikoff. Based on the aforementioned evidence,the Trial Chamber finds that the HV fired the artillery projectiles which impacted inthese areas. The Trial Chamber notes the testimony of Dawes that a few members of aunit of the RSK special police, referred to as the Earring wearers or Minñusari, and fourSVK trucks carrying lightly wounded soldiers passed through this area in the morningof 4 August 1995, travelling on the road by the Senjak barracks, the POL station, andthe TVIK factory (see markings on P985 and D864).727Case No.: IT-06-90-T 15 April 2011 `

38588artillery impacting just north of this school (see marking 11 on P58). Based on theevidence of Mauro, Grubor, and Ermolaev, the Tri<strong>al</strong> Chamber finds that the HV firedartillery projectiles which impacted within 200 m<strong>et</strong>res of the school, including in thearea north of the school marked 11 on P58. Rajčić identified the field immediately northof this school as a targ<strong>et</strong> known as “Hospit<strong>al</strong>”, which the TS-4 reported firing at on 4August 1995. This evidence indicates that the HV deliberately targ<strong>et</strong>ed the Northernbarracks and the field referred to as targ<strong>et</strong> “Hospit<strong>al</strong>”, on 4 August 1995. On 5 August1995, the TS-4 and 4th and 7th Guards Brigades reported firing at the Northern barracksas well.1384. Based on the evidence of Witness 6, Dawes, Stig Marker Hansen, Liborius,Mrkšić, UNCIVPOL report P228, and SVK intelligence report D389, the Tri<strong>al</strong> Chamberfinds that the HV fired artillery projectiles which struck the TVIK factory (marked O onP1095) in Knin on 4 August 1995. Further, based on the evidence of Witness 6 andNovaković, the Tri<strong>al</strong> Chamber finds that artillery projectiles <strong>al</strong>so impacted on or in theimmediate vicinity of the Senjak barracks (marked D on P1095). Rajčić testified that theTVIK factory and the Senjak barracks were artillery targ<strong>et</strong>s fired at during OperationStorm. TS-4 reported firing at the TVIK factory on 4 August 1995. The HV artilleryreports of 4 August 1995 do not mention firing at the Senjak barracks. The TS-4reported firing at the Senjak barracks on 5 August 1995.1385. Sever<strong>al</strong> witnesses testified to observing artillery impacts and/or damage in aresidenti<strong>al</strong> area practic<strong>al</strong>ly <strong>al</strong>l of which area lies within 200 m<strong>et</strong>res north of the TVIKfactory and the POL station (which according to Berikoff was a fuel storage area), and200 m<strong>et</strong>res east of the Senjak barracks, on 4 August 1995. These witnesses includedDreyer (marking H on P78), Dawes (see P984), Berikoff, Liborius, Dijkstra (marked as“living” on P430), and Dangerfield (A on P697). Artillery damage and impacts were<strong>al</strong>so observed in this area after 5 August 1995, by Teskeredžić, Marker Hansen (one offour areas marked III on P1293), and Berikoff. Based on the aforementioned evidence,the Tri<strong>al</strong> Chamber finds that the HV fired the artillery projectiles which impacted inthese areas. The Tri<strong>al</strong> Chamber notes the testimony of Dawes that a few members of aunit of the RSK speci<strong>al</strong> police, referred to as the Earring wearers or Minñusari, and fourSVK trucks carrying lightly wounded soldiers passed through this area in the morningof 4 August 1995, travelling on the road by the Senjak barracks, the POL station, andthe TVIK factory (see markings on P985 and D864).727Case No.: IT-06-90-T 15 April 2011 `

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