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Gotovina et al Judgement Volume I - ICTY

Gotovina et al Judgement Volume I - ICTY

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39242circumstances, was not excluded from the ambit of Article 9 of the VP Rules, therebygiving <strong>Gotovina</strong> authority over the VP in this regard.3.2 Ivan Čermak and the Knin garrison147. According to the Indictment, Ivan Čermak became Commander of the KninGarrison on 5 August 1995, established his headquarters in Knin on or about 5 or 6August 1995, and remained in that position until approximately 15 November 1995. 419The Tri<strong>al</strong> Chamber will examine in turn Čermak’s appointment, his role as arepresentative de<strong>al</strong>ing with members of the internation<strong>al</strong> community and theirimpressions as to his position, the leg<strong>al</strong> basis in Croatian law for the position of garrisoncommander, and the end of Čermak’s term.148. The Tri<strong>al</strong> Chamber first turns to Čermak’s appointment. Borislav Škegro,Deputy Prime Minister of the Republic of Croatia for the Economy from April 1993until 2000, 420 testified that on 5 August 1995 Tuñman told him and others that heneeded a person to integrate and resuscitate the economy and establish communicationwith the internation<strong>al</strong> community, with the experience of a former minister, knowledgeof military logistics, who spoke a foreign language and was multidimension<strong>al</strong>. 421According to Škegro, Tuñman stated that somebody had recommended Čermak to himbecause he had experience in business and as a former assistant minister in the MoD,had an atypic<strong>al</strong> style as a gener<strong>al</strong>, and would establish relations with civilian authoritiesand the internation<strong>al</strong> community. 422149. When interviewed by the Prosecution, Čermak stated that in the morning of 5August 1995, President Tuñman got on the phone with him, and asked him to come tohis office. 423 Čermak arrived there in the afternoon, and Tuñman appointed himCommander of the Knin Garrison Headquarters. 424 The me<strong>et</strong>ing lasted approximately419 Indictment, para. 6. See <strong>al</strong>so para. 5.420 D1679 (Borislav Škegro, witness statement, 21 April 2009), p. 1, paras 1-2; Borislav Škegro, T.22219.421 D1679 (Borislav Škegro, witness statement, 21 April 2009), para. 4; Borislav Škegro, T. 22214-22215.422 D1679 (Borislav Škegro, witness statement, 21 April 2009), paras 4-5, 7; Borislav Škegro, T. 22214-22215.423 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), pp. 5, 8-9, 38, 65, 144, 177; P2526(Suspect interview with Ivan Čermak, 17 March 1998), pp. 4, 8; P2532 (Accused interview with IvanČermak, 7 June 2004), p. 1; P2355 (Nacion<strong>al</strong> interview with Ivan Čermak, 29 October 1997), p. 5.424 P2525 (Suspect interview with Ivan Čermak, 13 March 2001), pp. 5-9, 25, 29, 38, 65, 116, 128, 136,144, 146, 177; P2526 (Suspect interview with Ivan Čermak, 17 March 1998), pp. 4, 6, 8-11; P2532(Accused interview with Ivan Čermak, 7 June 2004), p. 1; P2355 (Nacion<strong>al</strong> interview with Ivan Čermak,73Case No.: IT-06-90-T 15 April 2011 `

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