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

385871386. The Trial Chamber will now address the evidence of shell impacts in the northeasternpart of Knin. The Trial Chamber notes at the outset that Rajčić did not identifyany artillery objectives in the area to the north and east of target “Hospital” in Knin.None of the HV artillery reports refer to firing at targets in this north-eastern part ofKnin.1387. Based on the testimony of Roberts regarding his observations after 8 August1995, the Trial Chamber finds that on 4 or 5 August 1995, an artillery projectiledamaged a house located in a residential area approximately 300 metres east of theNorthern barracks and approximately 350 metres north-east of the police station(marking L on P681). This location borders on the area marked S-16 on the coded mapIvančića. The 7th Guards Brigade reported firing at “right from the bridge S-16” on 4August 1995. Based on the foregoing evidence, the Trial Chamber finds that the HVfired the projectile which damaged the house identified by Roberts.1388. Marker Hansen testified that on 4 August 1995 artillery impacted 20 metres fromthe ECMM building (marked I on P1293), as well as on houses around 100 metres fromthe ECMM building. Dawes testified that on 4 August 1995, shells 5360 fell in front of,on, and behind the APC he was travelling in near the ECMM building, as well as in theparking area of the ECMM building. Dawes described the shelling in this area as heavyand intense and testified that around 40 rounds impacted in this area. Liborius testifiedthat on 4 August 1995, he observed at least one shell impacting on a field south-west ofthe ECMM building, which caused fragmentation damage to the ECMM building, andthat on 7 or 8 August 1995, he analysed four craters which were between 40 and 200metres south of the ECMM building. Based on the testimony of Marker Hansen,Liborius, Dawes, and Hendriks, the Trial Chamber finds that on 4 August 1995, the HVfired artillery projectiles which impacted in the immediate vicinity of the ECMMbuilding. Based in particular on Dawes’s account of this shelling, the Trial Chamberfinds that these projectiles included approximately 40 shells. Further, based on theevidence of Dawes, the Trial Chamber finds that there were two dead civilians by theside of the road near the ECMM building. Based on the aforementioned evidence, theTrial Chamber finds that the HV fired the artillery projectiles which impacted in this5360 The Trial Chamber notes that Dawes testified that he believed these shells to have been mortar shellsand not rockets, based on the distinctive sound of rockets. Considering the basis for his belief that thesewere mortar shells specifically and that Dawes did not have any particular artillery expertise, the TrialChamber understands his evidence to refer to artillery or mortar shells, to the exclusion of rockets.728Case No.: IT-06-90-T 15 April 2011 `

38586area. The Trial Chamber notes that the ECMM building is approximately 300 metresfrom the nearest artillery target identified by Rajčić, namely the field designated astarget “Hospital”.1389. Novaković and Marker Hansen testified that artillery projectiles impacted in theimmediate vicinity of the hospital (see one of four areas marked III on P1293) on 4August 1995. Mira Grubor testified that projectiles impacted the area of the hospital,where she was present. Mira Grubor further observed artillery projectiles hitting areasnear the hospital (marked 7 and 9 on P58). Artillery damage to and/or near the hospitalwas observed by Bellerose, Berikoff, Leslie, Flynn, and Hill between 4 and 7 August1995. Specifically, Bellerose testified that a corner of the hospital looked as though ithad been hit by a shell. Berikoff observed shell marks on the hospital wall and saw afew shell impacts in the surrounding fields (marked Q on P746). Flynn saw only oneimpact, with minor damage, to the hospital. Leslie did not see direct damage to thebuilding, but saw splinters which had hit it and believed that its windows were brokendue to nearby impacts. Hill likewise observed broken glass, but no direct impacts on thebuilding. The Trial Chamber has considered the testimony of Elleby and theUNCIVPOL report P228, both of which contended that the hospital and the area southof the hospital were completely or partially unharmed. Nonetheless, based on the moredetailed observations of the other witnesses mentioned in this paragraph, the TrialChamber finds that on 4 and/or 5 August 1995, the HV fired artillery projectiles whichimpacted in the immediate vicinity of the hospital in Knin. Mira Grubor did not testifyabout how many impacts she observed. Considering the evidence indicating limiteddamage in the area, the Trial Chamber finds that the HV fired at least four artilleryprojectiles which impacted in the immediate vicinity of the hospital, one of which wasclose enough to cause blast damage to the hospital building. The Trial Chamber notesthat the hospital is approximately 450 metres away from the nearest artillery targetidentified by Rajčić, namely the field designated as target “Hospital”. On 7 August1995, a nurse told Flynn that at one point during Operation Storm an SVK tank hadbeen firing from a position very close to the hospital, and had received fire in return.The Trial Chamber notes that there is no other evidence supporting the presence of anSVK tank at the hospital on 4 or 5 August 1995. Mira Grubor, who was at the hospitalon both days, did not recall seeing any SVK vehicles or group of SVK soldiers in thetown. Further, based on the observations of Bellerose (see marking B on P547) and729Case No.: IT-06-90-T 15 April 2011 `

385871386. The Tri<strong>al</strong> Chamber will now address the evidence of shell impacts in the northeasternpart of Knin. The Tri<strong>al</strong> Chamber notes at the outs<strong>et</strong> that Rajčić did not identifyany artillery objectives in the area to the north and east of targ<strong>et</strong> “Hospit<strong>al</strong>” in Knin.None of the HV artillery reports refer to firing at targ<strong>et</strong>s in this north-eastern part ofKnin.1387. Based on the testimony of Roberts regarding his observations after 8 August1995, the Tri<strong>al</strong> Chamber finds that on 4 or 5 August 1995, an artillery projectiledamaged a house located in a residenti<strong>al</strong> area approximately 300 m<strong>et</strong>res east of theNorthern barracks and approximately 350 m<strong>et</strong>res north-east of the police station(marking L on P681). This location borders on the area marked S-16 on the coded mapIvančića. The 7th Guards Brigade reported firing at “right from the bridge S-16” on 4August 1995. Based on the foregoing evidence, the Tri<strong>al</strong> Chamber finds that the HVfired the projectile which damaged the house identified by Roberts.1388. Marker Hansen testified that on 4 August 1995 artillery impacted 20 m<strong>et</strong>res fromthe ECMM building (marked I on P1293), as well as on houses around 100 m<strong>et</strong>res fromthe ECMM building. Dawes testified that on 4 August 1995, shells 5360 fell in front of,on, and behind the APC he was travelling in near the ECMM building, as well as in theparking area of the ECMM building. Dawes described the shelling in this area as heavyand intense and testified that around 40 rounds impacted in this area. Liborius testifiedthat on 4 August 1995, he observed at least one shell impacting on a field south-west ofthe ECMM building, which caused fragmentation damage to the ECMM building, andthat on 7 or 8 August 1995, he an<strong>al</strong>ysed four craters which were b<strong>et</strong>ween 40 and 200m<strong>et</strong>res south of the ECMM building. Based on the testimony of Marker Hansen,Liborius, Dawes, and Hendriks, the Tri<strong>al</strong> Chamber finds that on 4 August 1995, the HVfired artillery projectiles which impacted in the immediate vicinity of the ECMMbuilding. Based in particular on Dawes’s account of this shelling, the Tri<strong>al</strong> Chamberfinds that these projectiles included approximately 40 shells. Further, based on theevidence of Dawes, the Tri<strong>al</strong> Chamber finds that there were two dead civilians by theside of the road near the ECMM building. Based on the aforementioned evidence, theTri<strong>al</strong> Chamber finds that the HV fired the artillery projectiles which impacted in this5360 The Tri<strong>al</strong> Chamber notes that Dawes testified that he believed these shells to have been mortar shellsand not rock<strong>et</strong>s, based on the distinctive sound of rock<strong>et</strong>s. Considering the basis for his belief that thesewere mortar shells specific<strong>al</strong>ly and that Dawes did not have any particular artillery expertise, the Tri<strong>al</strong>Chamber understands his evidence to refer to artillery or mortar shells, to the exclusion of rock<strong>et</strong>s.728Case No.: IT-06-90-T 15 April 2011 `

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